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Verfassungsblog: The Catalunya Conundrum, Part 3: Protecting the Constitution by Violating the Constitution by Andrés Boix Palop (27 September 2017)
Article 155 CE, if activated, would have offered to the Spanish government a legal tool to take control of Catalan institutions on the terms decided by the Senate after a public debate. Article 116 CE, if activated after a debate in Congress in a situation of violence that could create a risk for public services or a sufficiently serious threat to public order, is to be used in order to limit fundamental rights, invoking a state of emergency.

Lacking legitimacy in Catalonia because of the absence of solutions to Catalan democratic claims within the Spanish legal framework, the position of Spanish institutions is badly weakened. Therefore, they do not to want to take the risk of creating even more political unrest in Catalonia with public and explicit debates on the suspension of autonomy or on the necessity of limiting fundamental rights. Instead, Spanish government is pushing other institutions, such as the Constitutional Court, prosecutors, police and judges, as well as their own executive powers, beyond their ordinary limits.

There is already an increasing list of abnormal situations that are creating deep concern among some Spanish legal scholars and civil servants and getting more and more attention among European media and European Union institutions. The logic followed in all these cases is the same: The Spanish government wants something to be done that could have been easily obtained throughout arts. 155 CE or 116 CE but do not want to pay the political costs of doing it openly and with public debate and democratic control. Therefore, Spanish authorities go ahead using alternative ways to achieve their goals, at the cost of distorting some procedures or institutions or posing fundamental rights at risk. Here is a provisional quick list of some of the most blatant examples:

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Mon Oct 2nd, 2017 at 12:29:31 PM EST
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