The Spanish government issued a statement today stating that the decree appointing the ministers that form the Government of the Generalitat will not be published in the Official Journal of the Generalitat de Catalunya (DOGC) and that it would study its feasibility, despite the fact that all the members of the Government enjoy their full political rights. The Spanish government retains the application of Article 155, which was to be withdrawn as soon as there was a government in Catalonia, in the total and absolute absence of legal basis.
That is why today various groups of jurists have issued the following statement:
REPORT ON THE SPANISH GOVERNMENT’S COMMUNIQUÉ
The Spanish Government has issued a statement that questions the feasibility of the Government of Catalonia announced by President Quim Torra. In doing so, it warns that it considers that it is the only body with powers to authorize the publication of the Decree that approves the appointments.
As regards this statement, the undersigned organisations wish to report:
- This communication contravenes Article 152 of the Spanish Constitution (SC), which determines that it is the President of the Generalitat who is responsible for the Government cabinet, is its highest representation and is even the statutory representative of the State in the territory of Catalonia.
- Article 17 of Law 13/2008 of the Presidency of the Generalitat and of the Government indicates that it is for the President of the Generalitat, in accordance with his personal status, to represent the Generalitat, and it is he or she, within the framework of his functions, who freely decides to the appoint and sack the members of the Government.
- The publication of the appointments in the DOGC is a due and regulated act, and not doing so out infringes Article 7 of Law 2/2007 on the DOGC. The appointment made by the President must be assumed to be a valid act and no authority within the Generalitat, including those that are now controlled by central government, may oppose its official publication without incurring in disciplinary, political or criminal liability.
- The repeated interference of the central government in the functioning of the Catalan institutions, beyond the anomaly that the improper application of article 155 SC amounts to, implies an intolerable lack of respect for the democratic will expressed at the ballot box and a flagrant violation of the fundamental rights of citizens and citizens of Catalonia.
May 20 2018