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16 de des. 2018

Constitutional Court judgment affecting 15 Catalan laws

The Constitutional Court has declared unconstitutional and therefore null and void a July 2018 motion adopted by the Parliament of Catalonia, reinstating the legality of all the articles of 15 laws, nearly all of a social nature, annulled by the Court as not being within the powers of the Catalan institutions. These are unofficial English translations (by M.S.).
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The Plenary of the Constitutional Court in the constitutional process of challenging autonomic provisions (IDA) No. 4039-2018, promoted by the Government of the Nation, has decided unanimously:

       "1. To partially accept the IDA (Title V of the Organic Law of the Constitutional Court) promoted by the Government against paragraphs 1 to 5 of Motion 5/XII of the Parliament of Catalonia, on the Parliament's regulations annulled and suspended by the Constitutional Court, adopted by that Parliament in the session of July 5, 2018 and, consequently, to declare unconstitutional and null paragraphs 1 to 3 of the motion challenged.

      2. To dismiss the appeal in everything else. "

      The ruling will be notified in the next few days with a more extensive press release.

Madrid, December 13, 2018

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BOPC 121, 9 de juliol de 2018. pp. 16-17

Motion 5/XII of the Parliament of Catalonia, on the regulations of the Parliament annulled and suspended by the Constitutional Court


Plenary session of the Parliament, Session 13, 07.07.2018, DSPC-P 16
Publication: BOPC 121

The Plenary Session of the Parliament held on July 5, 2018, in accordance with Rule 161 of the Rules of Procedure, discussed the Motion subsequent to the interpellation of the Government on the legislation of the Parliament annulled and suspended by Constitutional Court (section 302-00005 / 12), presented by Vidal Aragonés Chicharro MP, of the Parliamentary Subgroup of the CUP-Crida Constituent, and the amendments tabled by the Parliamentary Group of Catalunya en Comú Sí Podem (reg. 8329), the Parliamentary Group of Junts per Catalunya and the Republican Parliamentary Group (reg. 8453). Finally, in accordance with the provisions of article 161 of the Regulation, it has approved the following


1. The Parliament of Catalonia, in the face of the actions of the State, through the Constitutional Court, the Supreme Court, the National Court and the prosecution, judicialization and prosecution of the corresponding acts, with its democratic mandate ratifies its firm will to carry out the necessary actions planned and approved by this Parliament, in order to achieve and democratically endorse the independence of Catalonia.

2. The Parliament of Catalonia reiterates the political objectives of Resolution 1/11 of 9 November on the start of the political process in Catalonia as a result of the election results of September 27, 2015, legitimized by the results of the referendum on October 1 and the elections of December 21, 2017.

3. The Parliament of Catalonia has often expressed the defence of the right to decide and of self-determination and, as a consequence, as the depositary of the sovereignty of the people of Catalonia and with fidelity to its will, reiterates its commitment to achieve these political goals by democratic and non-violent means.

4. The Parliament of Catalonia urges the Government to make effective the content of the articles suspended by the Constitutional Court of the following norms:

a) Law 24/2015, of July 29, on urgent measures to tackle the emergency in the field of housing and energy poverty and Law 4/2016, of December 23, on measures to protect the right to the home of people at risk of residential exclusion.

b) Law 17/2015, of July 21, on effective equality of women and men.

c) Law 16/2017, of August 1, on climate change.

d) Law 9/2017, of June 27, on the universalisation of health care from public funds through the Catalan Health Service.

e) Law 5/2017, of March 28, on fiscal, administrative, financial and public sector measures and on the creation and regulation of taxes on large commercial establishments, on stays in tourist establishments, on radiotoxic elements, on packaged sugary drinks and on emissions of carbon dioxide.

f) Law 10/2017, of June 27, on digital wishes and the modification of the second and fourth books of the Civil Code of Catalonia.

g) Law 13/2017, of July 6, on cannabis consumer associations.

h) Law 21/2017, of September 20, on the Catalan Agency for Social Protection.

i) Law 15/2017, of July 25, on the Cibersecurity Agency of Catalonia.

j) Law 18/2017, of August 1, on trade, services and fairs.

k) Law 3/2017, of February 15, on the sixth book of the Civil Code of Catalonia, regarding obligations and contracts, and modification of the first, second, third, fourth and fifth books.

l) Law 6/2017, of 9 May, on the tax on non-productive assets of legal entities.

m) Decree-Law 5/2017, of August 1, on urgent measures for the arrangement of passenger transport services in vehicles of up to nine seats.

n) Law 2/2018, of May 8, on modification of Law 13/2008, of the presidency of the Generalitat and of the Government.

5. The Parliament of Catalonia urges the Government to prepare and present, within a period of ninety days, a report with the state and the implementation plan of all measures aimed at making effective the content of the articles  of the norms in section 4 suspended by the Constitutional Court.

6. The Parliament of Catalonia urges the Government to prepare and present, within a period of six months and for processing, the bills or regulations that may be applicable in each case to recover the rights and freedoms that affect in a direct way the improvement of the quality of life of people, contained in the articles annulled by the Constitutional Court after September 27, 2015.

Parliament Palace, July 5, 2018

The first secretary, Eusebi Campdepadrós i Pucurull; the Speaker, Roger Torrent i Ramió


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