La aplicación del artículo 155 de la Constitución a Cataluña. Un examen de su dudosa constitucionalidad

Abstract

The pioneering enforcement of the state coercion mechanism of article 155 of the Spanish Constitution to the self-government institutions of Catalonia has had an evident constitutional transcendence, beyond the implications on the political conflict that underlies its basis. Thus, without questioning the legitimacy of the constitutional instruments for the protection of State legality against the actions by regional governments, present in most of the constitutional systems of the composite States, the novelty presented by the hitherto unprecedented Spanish praxis, and litigation unleashed in this regard, invites us to scrutinize the constitutional fairness of both the principles and the measures adopted under this extraordinary measure, with the result that this scrutiny leads to various flaws that determine its more than likely unconstitutionality.

Keywords

• decentralized system
• federal coerción
• state coerción
• article 155 spanish constitution