news

A test exercise

A test exercise

A court can solve what can be solved and can not solve what can not be solved. And when it tries to solve what can not be solved, the result can only be nonsense.

The integration of Catalonia into the state is one of those problems that a court, constitutional or ordinary, can not solve. Because only by a political negotiation, from which democratically legitimized constitutional bodies can be key players, an answer can be found. There is no other possible. The "integration pact" can only be a political pact. The courts, constitutional or ordinary, may be aware of the application of the above-mentioned pact, but not of the pact as such. The definition of the pact can never be judicial, it must necessarily be political.

When this is not understood, the pact is disintegrated when a judge decides to change the outcome of the political negotiations and change the "integration pact" that it has achieved. The court is no longer recognized as such by the recipients of the pact.

This is what happened with the ruling of the Constitutional Court 31/2010. Instead of finding an answer to the integration of Catalonia into the state, it destroyed what was found by a very good process of reforming the status of autonomy and it became even more difficult to find a definitive solution to the problem.

The legacy of the statute

What happened in 2010 in the area of ​​constitutional justice will be repeated in the field of criminal law in 2019. What can not be resolved by the Constitutional Court can not be resolved by the Supreme Court. The TC could impose a different statute than what had been agreed upon and a referendum, but it could not bring the citizens of Catalonia to accept their decision. The Supreme Court now intends to prosecute those who have not accepted the decision of the TC and who describe a crime of rebellion which has been an uninterrupted peaceful "disobedience" to the ruling of the Constitutional Court. They are all citizens who do not accept the 31/2010 who rule those who are persecuted, although only a few are tried and sentenced. The process is condemned to failure, precisely because it is directed at everyone.

We are not going to a trial, but to a test exercise. The costs for Spanish democracy will be enormous.

Post Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.