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breaking declaration with Spain: Superior Court of Catalonia sees no rebellion or sedition

The break statement was approved on 9 November. Breaking statement was approved on 9 November.

On November 9, the Catalonia parliament passed a declaration of rupture with Spain launching the process to bring the rich Catalan region to independence by 18 months.

a few days later, the Spanish constitutional Court had annulled the declaration. On Tuesday, the High Court of Justice of Catalonia (TSJC) which ruled on that statement. “Civil and Criminal Division” of TSJC told “see no crime in Parliament by breaking declaration adopted on November 9th.”

The Court considers in effect that the statement is not a “violent uprising”.

the Court also rejected two complaints of rebellion and sedition in particular against the Parliament Speaker, Carme Forcadell and former President of the Generalitat, Artur Mas. The TSJC has indeed said that, for him, “the crime of rebellion requires the use of force” and has not constast√© that “ the statement of 9 November disrupted the public order requiring sedition “.

note that the High Court of Catalonia rarely escapes the politicization of Catalan life. So, last week, the election of the new President of the Tribunal saw the victory of the conservative Jose Maria Barrientos, openly hostile to the Generalitat and its desire for independence. He has criticized the “civil and criminal division” (which just made its decision on the statement of 9 November) has two judges (five) appointed to the bench by the Parliament of Catalonia.

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The break statement adopted on 9 November by the Catalan Parliament

First – Noting that the democratic mandate obtained in the elections of September 27 is based on a majority of seats in parliamentary forces which were intended as Catalonia becomes independent with a wide sovereignist majority in votes and seats allows the opening of a non-subordinated constituent process

Second. – solemnly declares the beginning of the process of creating an independent Catalan state as a republic.

Third – Proclaims the opening of a constituent process, citizen, participatory, open, integrated and active to prepare the groundwork for future Catalan constitution

Fourth. – Incite the future government (Catalan) to make effective these statements

Fifth -.. Consider appropriate to initiate in 30 days maximum legislative drafting process of constituting social security and public finances

Sixth – as the repository of sovereignty and power of expression constituent, he reiterated that Parliament and the disconnection process of the Spanish State does not submit to the decisions of the Spanish intitutions in particular, the constitutional court that considers illegitimate and without jurisdiction on, among others, in its decision of June 2010 on the Statute of autonomy of Catalonia voted by the people in a referendum

Seventh. – adopt the necessary measures to open this process of democratic disconnection, massive, sustained and peaceful with the Spanish state so that it will allow the autonomy of citizens at all levels and particularly in the active, open and integrated.

Eighth – Incite the future government (Catalan) exclusively to fulfill these standards and mandates emanating from this room, legitimate and democratic to ensure the fundamental rights could be affected by the decisions of the authorities of the Spanish state

Ninth – Declares the willingness to initiate negotiations to make effective the democratic mandate of the creation of an independent Catalan state form of republic and also to make it known to the Spanish State, in European Union and the international community. “

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