SETTING ARTICLE 155 OF THE SPANISH CONSTITUTION IN MOTION

Article 155 of the Spanish Constitutes provides the following: ‘If a self-governing unit does not fulfil the obligations imposed upon it by the Constitution or other laws, or acts in a way that goes seriously against the general interest of Spain, the Government, after requiring the President of the self-governing unit and failing to be obeyed may, following the approval by absolute majority of the Senate, take the necessary measures to force compliance with those obligations or the protection of the above general interest'.

Note

The Constitution doesn't specify what measures to take. Those necessary measures do not include the ability to abolish the Catalan institutions but may encompass, legally speaking the capability to suspend their self-government or self-ruling powers. In other words, it does not allow the liquidation or the pure suppression of autonomy, but it might allow a temporary suspension, substitution or sequestration of powers. The measures should be necessary, proportional, adequate, temporary or transitional, specific and as harmless as possible to the right to autonomy provide by Article 2 of the Spanish Constitution. All those requirements, however, do not exclude the draconian and last resort measure to suspend, substitute or sequestrate the self-governing powers.  

Possible Measures

  1. Seize control of Catalonia's regional police to ensure law and order is maintained,
  2. Tightening grip on the region's finances,
  3. Removing Puigdemont's presidential powers,
  4. Rescinding regional control over education and schools,
  5. Calling fresh elections that would dissolve the regional parliament,
  6. Taking control of public media

 

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