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The lawyers of the Parliament ask the TC for "more prudence" so as not to amplify the conflict
They believe that TC measures before the Catalan Chamber restrict the right of political participation
BARCELONA, Dec 16, 2019.
(EUROPA PRESS)
The lawyers of the Parliament argue in the allegations against the suspension of the Constitutional Court (CC) of the resolution after the 1-O ruling that the TC should "act more prudently and avoid using the execution incident when it is really not necessary" so as not to amplify the conflict.
Their allegations, consulted by Europe The lawyers of the Parliament ask the TC "more prudence" not to amplify the conflict.
The allegations, consulted by Europa Press, highlight that the current context is different from that of the previous legislature and that the Parliament cannot be treated under a rule of exceptionality that it believes has undesirable effects: "No-one should be more interested than the CC to not unnecessarily amplify a conflict".
They request that the incident of execution against the agreements of the Bureau of October 22 and 29 be inadmissible or dismissed - when the resolution of JxCat, ERC and the CUP was processed, and the reconsideration requests of PSC, Cs and PP were rejected - and that the TC leave without effect "the requirements and warnings" issued to the Speaker of the Parliament, Roger Torrent; to the rest of the members of the Bureau and to the general secretary of the Catalan Chamber, Xavier Muro.
They warn that the TC should not adopt any "restrictive measure due to the fact that the Government requests it without assessing" the circumstances of the case and that the court makes inappropriate use of the execution incident, which it believes represents a constitutionality problem because restricts the right to political participation.
"The Court has constructed a general doctrine that now affects all Parliaments and that transfers to its tables a disproportionate and potentially dangerous burden in relation to the guarantees" of the right to political participation, according to the allegations, signed by the lawyer Antoni Bayona, which rejects the 'juridification' of a political parliamentary act with legal effects of limited scope.
To use the duty of compliance and the incident of execution as deterrents to prevent the processing of parliamentary activity and to consider that the expression of a declaration of political will by a Parliament is a breach "seems notoriously exaggerated and very unreasonable," according to the lawyer, who believes that the red line should be drawn at activities that go beyond expressing political wills, something that he believes the Parliament has not done.
PREVENTING DEBATES
Thus, he believes that the unconstitutionality of the resolution passed by the Parliament in 2015 after the Catalan elections on the independence process "cannot prevent 'pro future' that the Parliament can debate again on the right of self-determination or popular sovereignty", concepts defended in the sentence against the resolution, which also reiterated its rejection of the monarchy.
The allegations, which recall the May resolution of the European Court of Human Rights (ECHR) on the plenary suspended on October 9, 2017, see as "a real nonsense and an exaggeration to claim that, in addition to subjecting the Bureau of Parliament to an exorbitant regime of exceptionality, the requirement of criminal responsibility of its members may be raised".
He contends that courts such as the TC must make proportional use of their power, especially before parliamentary institutions, and warns that the exercise of their role as guarantor of the Constitution "cannot be imposed 'manu militari' through the unnecessary and exorbitant use of measures of enforcement, that should be reserved for truly exceptional situations".
He states that these measures are incompatible with the right to political participation, freedom of expression and the right of assembly, and that "the legal siege of the functioning of the Parlament is quite exceptional", because what is considered is no longer the annulment of a new parliamentary act, but preventing it from even being processed and adopted.
Original text: https://www.europapress.es/catalunya/noticia-letrados-parlament-piden-tc-mas-prudencia-no-amplificar-conflicto-20191216184752.html
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