Rights of the parliamentary minorities in the legislative procedure. Analysis of ius in officium in the parliamentary procedure of disconnection rules of Catalonia
Abstract
As the Referendum Law and «Transitoriedad» Law were passed by the Catalonian Parliament, a new period of the «catalan conflict» began. The approval of these disconnection laws entailed a challenge against the Spanish State and, especially, against the Spanish Constitutional Court, as it had expressively forbidden the parliamentary approval of such pieces of legislation due to substantive issues. The implementation of these laws was conducted by the pro-independent absolute majority of the Catalonian Parliament and it was characterised by the undermining of the basic political rights, i.e. ius in officium, of the remaining members from minority parties that constituted the opposition. This paper will focus on the specific rights and powers that were violated during the conflict and how the Spanish Constitutional Court attempted to protect them.
Received: 10 December 2018
Accepted: 21 June 2019
Published online: 31 July 2019
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Last update: 08/02/2022
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