A recent ruling by the Constitutional Court has once again highlighted a legal issue in our legal system: do the presiding boards of Parliaments have an obligation to carry out a substantive review, in general, of the unconstitutionality of the motions for resolutions presented by different parliamentary groups? Indeed, the First Chamber of the Constitutional Court, in a ruling of February 23 of this year, annulled the agreements to admit for processing by the Bureau of the Parliament of Catalonia of some draft resolutions presented on the occasion of the debate on the general political orientation of the Government in September 2022. Some sections of these initiatives recognize the legality and legitimacy of the referendum of October 1, 2017, which could be interpreted as involving recognition of the eventual existence of possible legal effects, which could be subject to constitutional review. However, other sections were limited to expressing mere political objectives, such as those that urged the Government to develop its own competences, in order to reduce economic and political dependence on the Spanish state, for the purpose of preparing the exercise of the right to self-determination; those that urged strengthening the economic, fiscal, and financial sovereignty of the Generalitat; those that proposed laying the foundations for a constituent process; those relating to the objective of internationalizing the national reality of Catalonia, and those that referred to the advisability of acting with sovereignty, beyond constitutional and statutory limits, in guaranteeing the basic social rights of the majority of the population in different sectors. In all these latter cases, only a mere political declaration is expressed that could hardly be interpreted as involving any legal effect, in the sense of its impact on the creation, modification, or repeal of legal norms. It is not superfluous to recall that the bureaus of the Parliaments are bodies for directing parliamentary work. Thus, the bureau of the Parliament, as a collegiate governing body of the Parliament and made up of the president, two vice-presidencies, and four secretariats, exercises parliamentary functions, budgetary functions, and functions relating to the organization of the chamber's administration. The exercise of the bureau's parliamentary functions focuses on the qualification, admission for processing, and decision on the processing of parliamentary documents and writings.

The Constitutional Court is more than an arbiter of conflicts over the Magna Carta. In recent years, it has become a political battlefield where governments and parties have tried to settle their disputes. No one is unaware of the leading role it played during the 'Procés', with Mariano Rajoy constantly using it to curb the independence movement's roadmap. However, in recent years its prominence has been shifting: jurisdictional conflicts with Catalonia no longer top its list of priorities. The conflict with the independence movement has given way to a bipartisan dispute.

Foment del Treball is considering taking the regulation of speculative housing purchases, agreed upon between the PSC and the Comuns, to the Constitutional Court. This was announced by the president of this employers' association, Josep Sánchez Llibre, during the assembly held this Monday in Barcelona. "The recent agreement between the Catalan Government and the Comuns is the socialization of private property; it is an attack on private property, a measure that has no place in our society. If necessary, we will promote the filing of an appeal of unconstitutionality or the raising of a question of unconstitutionality against this measure, which we consider lethal for the Catalan economy and society." He added that "the rules of the game cannot be changed from an ideological corner, thinking about propaganda or looking good." During his speech, in addition to insisting on reducing the tax burden in Catalonia, he urged President Salvador Illa to seek support from the opposition should ERC not support the budget. Despite stating that the budgets are "highly taxed and very interventionist," he asserted that the country needs a budget, without which €4 billion in investments will be lost. He explained that the Ministry of Public Works will negotiate amendments with parliamentary groups "aimed at reducing the tax burden and improving the supply of affordable housing." Regarding the budget, he did not mention Junts, but he did mention their rejection of the 37.5-hour workweek, highlighting the "courage" of the post-convergent party in voting against it along with the PP and Vox. This has allowed them to "stop the Ministry of Labor's unhealthy obsession" with "imposing" the reduced working hours. He also warned of "new legislative threats," ranging from extended leave policies "to the participation of unions on boards of directors." Legal certainty and investment

He insisted on preserving social dialogue, which he described as "a jewel of our democracy," and argued that the housing crisis will only be solved with increased supply, especially considering the influx of immigrants, which he defends as a way to "sustain the labor market," and the regularization process planned by the Spanish government. Sánchez Llibre championed private property and reiterated his criticism of the PSC and Comuns agreement on speculative purchases because "without legal certainty there is no investment, no housing, no industry, and no innovation." "A major public-private partnership is the only solution that will work," and he asserted that "it is unacceptable" to try to correct "the failure of housing policy" by making homeowners subsidiarily responsible or, worse still, scapegoats for errors that are not theirs." Regarding taxes, he mentioned the increase in the tourist tax and the municipal surcharge, which "will bleed businesses, entrepreneurs, and workers dry," and he insisted that Catalonia has become "a tax hell." One of his objectives is to negotiate budget amendments with the various parliamentary groups "aimed at reducing the tax burden and improving the housing supply," given the stalled industrial investments. "Catalonia needs to bring forward network investments to support both production and consumption," he said. "BK_SLT_LNA~" public and private sector."

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The wind has paralyzed much of the country's activity..

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The Constitutional Court is avoiding preemptively ruling on amnesty for Carles Puigdemont and, while studying the merits of the case, is refusing to lift the arrest warrant that prevents the former president of the Generalitat from returning to Catalonia as a free man. The Court rejected on Tuesday the precautionary measures requested by Puigdemont, Toni Comín, and Lluís Puig as part of their appeals for protection of fundamental rights against the Supreme Court's refusal to apply the amnesty law to them. The Constitutional Court considers that granting their request would result in a "disregard for the general interest," given that there is still an "open criminal case" concerning "serious crimes." Therefore, it is necessary to protect "the effectiveness" of the investigation led by Pablo Llarena, which "must take precedence" over the "prejudice" to the fundamental rights denounced by Puigdemont, Comín, and Puig. Furthermore, it argues that making a decision now "would amount to a premature resolution" of the substance of the matter and would imply a "premature judgment" on the application of the amnesty. The decision is thethe same one that took The Constitutional Court is currently reviewing the cases of Oriol Junqueras, Jordi Turull, Raül Romeva, and Dolors Bassa, who are demanding the lifting of their disqualifications, which are in effect until 2030 and 2031. Does this mean Puigdemont's return is delayed? The Constitutional Court is expected to make a decision on the merits of the case in the coming months, and a favorable ruling would open the door for the former president to return to the Principality. By then, the Court of Justice of the European Union is also expected to have ruled on the amnesty, after the Advocate General endorsed the law by the end of 2025. The Constitutional Court's final verdict will have to determine whether the alleged misuse of public funds by the October 1st government is upheld. Whatever the Constitutional Court decides, the ball will return to the Supreme Court's court, which has repeatedly ruled against it, arguing that Puigdemont and the ministers enriched themselves through the October 1st referendum because they did not cover their expenses with their own assets. It remains to be seen what the Supreme Court will do if the Constitutional Court contradicts its own doctrine.

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It is not an exaggeration to say that the judges at the top of the Spanish judiciary are constantly engaging in politics. This becomes evident when they interpret the law according to their own pre-democratic ideological bias, twisting its meaning, denying its application, inventing concepts (violence, terrorism), or arbitrarily deciding on sentences (Statute of Autonomy, amnesty law, the sentencing of the leaders of the Catalan independence movement). The trial of the Attorney General is just the latest example.

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President Pujol had a quiet night and is in stable condition, after... He would have had to be hospitalized this weekend for pneumonia. at the Sagrada Familia Clinic in Barcelona.

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It has been 522 days since the Official State Gazette The Official State Gazette (BOE) published the amnesty law, following a turbulent negotiation between the PSOE and Junts and attempts by the PP to torpedo it in the SenateHowever, the leaders of the October 1st referendum have still not fully benefited due to the Supreme Court's reluctance to apply it to the crime of embezzlement. Now, both they and the other defendants in the Catalan independence trial are beginning to see the light at the end of the tunnel: the Advocate General of the Court of Justice of the European Union (CJEU), Dean Spielmann, This week, he has spoken out in support of the substantial scope of the standard.He makes minor criticisms, such as that the two-month period given for its implementation—which many courts have also failed to meet—is insufficient, but he defends the aim of political and social "reconciliation."

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Pedro Sánchez reiterated this Tuesday that he will present a draft budget for 2026 before the end of the year. However, the Spanish Prime Minister, aware of his precarious parliamentary majority, also stated in the interview he gave to Cadena SER that he will continue governing even if he fails to approve it. This intention by the Socialist leader to see out the legislature until 2027, even with the 2023 budget extended, outrages the PP, which sees it as a demonstration of Sánchez's "undemocratic" nature and evidence that the legislature "was already stillborn." In response to this, the Popular Party announced this Friday that next week they will take the first step toward taking the Spanish government to the Constitutional Court for not yet presenting a budget.

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The Constitutional Court took an important step this week toward bringing amnesty closer to Carles Puigdemont with the admission of his appeal for constitutional protection. This initial approval came a month later than expected as a result of a move by the former Catalan president's defense team that caused confusion within the court: the Junts leader challenged three conservative judges, knowing that they would not succeed and that they would only delay his appeal for a few weeks. Now the cases of the leaders of the 1-O vote who are still disqualified or under indictment—Jordi Turull, Oriol Junqueras, Raül Romeva, Dolors Bassa, Carles Puigdemont, Toni Comín, and Lluís Puig—are in the hands of the Constitutional Court judges, who are expected to issue their rulings in a few months, but it will still take time. "It is realistic to think that the appeals will be resolved in the first quarter of next year," warn sources at the court.

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The Constitutional Court's approval of Carles Puigdemont's amnesty is gradually approaching, but there are still steps to be taken. The day after the court admitted his appeal for protection—that is, began to review it—this Wednesday it dismissed a constitutional appeal filed by the Parliament of Aragon against the law that referred to embezzlement. The Constitutional Court upholds the amnesty for this crime, although it says nothing about whether it applies to the cases against the leaders of the Process. The decision received the dissenting vote of the four conservative justices.

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The Constitutional Court (CC) on Tuesday rejected Carles Puigdemont's request for the urgent lifting of the arrest warrant against him in Spanish territory. As previously reported by ARA, the full court of the judicial authority admitted the former Catalan president's appeal for protection, but opposed the precautionary measures he requested: forcing Supreme Court Judge Pablo Llarena to allow the Junts leader's return without hearing the opinions of the various parties. What the TC is doing now is opening a case on the matter and will ask the parties involved whether the arrest warrant should be withdrawn before ruling on the merits of the case, which is whether the amnesty law applies to the embezzlement case against Puigdemont.

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Last week, Catalan marked the day of September 11th not only because it has become a consensus demand of the majority of the forces in the Parliament, but also because the day before, the High Court of Justice of Catalonia (TSJC) annulled the decree on the language regime that Pere Aragonès' government passed to prevent the application of the castle. A resolution that the Government has already announced it will appeal and that put pro-language parties and organizations on a war footing. However, the issue will not emerge from the limbo in which it finds itself in any short period of time, since this entire debate is pending, in reality, on what the Constitutional Court (TC) decides on both norms (a law and a decree law). They came out ahead in 2022 to try to protect the linguistic immersion model and from which the decree overturned by the TSJC was derived.

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Puigdemont's move in the Constitutional Court has not only disconcerted the members of the high court, but also several Junts leaders, who do not see the point in delaying the decision on the amnesty appeal. However, amid the confusion, there are sources that offer two possible explanations.

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Less than 24 hours after the Constitutional Court (CC) was scheduled to take the first step in examining Carles Puigdemont's appeal against the Supreme Court's failure to apply the amnesty, the former president's defense team made a move that, in practice, meant delaying the procedure. recusal of three conservative judges The rulings—José María Macías, Enrique Arnaldo, and Concepción Espejel—automatically halted the processing of the appeal for protection, as happened this Tuesday in the plenary session of the Constitutional Court. Now the judicial body must consider whether to remove these judges, which could take at least a month. After that, it can consider lifting the arrest warrant and whether the amnesty is applicable in their case for the crime of embezzlement.

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Last-minute twist in the judicial sphere. Carles Puigdemont filed a brief with the Constitutional Court (TC) on Monday requesting that three conservative judges be removed from the ruling on his appeal for constitutional protection against the Supreme Court's decision not to grant him amnesty. According to legal sources, this move means the TC's decision will be postponed for at least a month. Everything indicated that the former president would receive a bitter and a bitter reversal this Tuesday: the court was expected to admit the appeal, but at the same time, it was expected not to withdraw the arrest warrant immediately, according to sources consulted by ARA, and it would prevent the former president's return. But in the end, they will have to wait, at least until the challenges are resolved.

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Cristóbal Montoro, the longest-serving Minister of the Treasury in history (he held the position under José María Aznar as president from 2000 to 2004 and under Mariano Rajoy from 2011 to 2018), is charged along with 27 other people with alleged bribery, fraud against the public administration, and his alleged relationship with senior officials and the firm he founded, Equipo Económico.

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Four of the twelve judges of the Constitutional Court will expire this December, placing the PSOE and PP in a new negotiation to renew the supreme interpreter of the Constitution. A three-fifths majority in the Senate is required, and therefore, the two major parties must reach an agreement. By the end of 2025, the current president, Cándido Conde-Pumpido, and judges Ricardo Enríquez and María Luisa Balaguer, appointed by the upper house in 2017, will have completed nine years as members of this body. As for José María Macías, he was appointed in July 2024 to cover 2022 for health reasons—and will be eligible for reappointment because he will not have completed a third of his term. How will the changes affect the resolution of appeals regarding the amnesty?

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Having exhausted all avenues of appeal before the Supreme Court, Santos Cerdán's defense team is now taking action and turning to the Constitutional Court to secure the release of the former Socialist party member from Soto del Real for his alleged involvement in the corruption scandal at the Ministry of Transport. His lawyer, Benet Salellas, filed an appeal for protection on Wednesday, requesting the Supreme Court's investigative judge's decision to remand him in pretrial detention without bail. Judge Leopoldo Puente made that decision. to prevent Cerdán from destroying evidence of the alleged network to collect bribes on public works contracts that he allegedly organized with the rest of those involved in the plot. However, for the defense of the former PSOE organization secretary, this risk does not exist and, therefore, there is no justification for keeping him behind bars. For all these reasons, he demands his immediate release.

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Puigdemont is once again in the hands of the Constitutional Court. He was in that position in the first instance until the court upheld the amnesty law. This has already been achieved, but it is not enough. Once this stage is over, the important thing is how the appeal for protection of constitutional rights he has filed with the same judicial body will be resolved. The response will not arrive for several months, but it may not be the final chapter. For now, the Constitutional Court is in no hurry to issue a ruling. It has no specific deadlines, and before discussing whether or not fundamental rights were violated in this case, it must first hear the parties involved. Furthermore, Puigdemont's request for a precautionary measure to lift the prison order, which remains in effect if he sets foot on Spanish territory, will not be modified immediately. The precautionary measure requested by the defense—led by lawyer Gonzalo Boye—is not one that usually succeeds. Quite the opposite.

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