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16 de gen. 2019

Carme Forcadell's counsel's brief (resumé in English)

Here is an English rendering of an article summarising the Carme Forcadell's counsel's brief, published on 16 JAN 2019. If the source objects I shall of course delete it.
Click here if need be to read the whole post

Original: https://www.vilaweb.cat/noticies/forcadell-acusa-el-tc-de-voler-censurar-el-debat-parlamentari-en-el-seu-escrit-de-defensa/

Forcadell accuses the Constitutional Court of wanting to censor parliamentary debate in her defence document.

The Speaker of the Parliament defends that, as such, she did not participate in the call or in the organization of the referendum.

16 JAN 2019 11:57

The Speaker of the Catalan Parliament, Carme Forcadell, uses her defence for the 1 October trial to attack Spain and denounce the violation of fundamental rights. In her defence brief, to which Vilaweb has gained access, Forcadell notes that the Spanish prosecutor's office emphasizes that she was president of the ANC before presiding the Parliament of Catalonia. "Curiously, she is the only one of the defendants whose position she held prior to the events that are the subject of this procedure is referred to", says the text.

That is why it is clear to her defence counsel that "they are trying to criminalize Mrs. Forcadell exclusively for being the president of the ANC, since it is the only difference between her and the rest of the defendants in the Parliament Bureau, who will now be tried by the High Court of Catalonia".

In addition, it accuses the Spanish Constitutional Court of "criminalizing political and parliamentary activity" and says that its actions against the freedom of MPs placed it among the "political actors". Thus, it denounces that the requirements of the Constitutional Court banned parliamentary debate, "in an attempt to establish a nebulous, confusing, limitation that would imply restricting the capacity of parliamentary activity and the debate that takes place inside it".

It further refers to the speech by Carlos Lesmes, Chair of the General Council of the Judiciary, at the opening of the 2017 judicial year, in which he said that "when article 2 defines the fundament of the constitution in the indissoluble unity of the Spanish nation, it does not do so as a programmatic frontispiece, but as the ultimate, nuclear and irreducible basis of all the law of a state".

As Forcadell's defence says, for the unity of Spain to be "the ultimate, nuclear and irreducible basis" of all the law means that the CC and the jurisdictional bodies "have put this principle over and above those other principles and higher values ​​that form and vertebrate democracy itself".

She defends her role as the Speaker of the Parliament

As Speaker of the Parliament, Forcadell defends the plenary session of September 6 and 7, 2017 when the referendum laws were approved, and says it was the plenary of the Parliament, "without the Bureau having the power to limit its decisions", that decided to include on the agenda the debate, voting and approval of the bills.

In addition, she makes it clear that as Speaker of the Parliament, "she never participated, nor could she participate, in the taking or implementing of the decisions taken by the Government of the Generalitat of Catalonia, or in any meeting related to this objective". Thus, Forcadell's defence denies any participation in the decision to convene a referendum or in its organization.


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