Nullity of the Resolution of the Parliament of Catalonia that disregards the constitutional framework of the Crown Commentary on Constitutional Court’s Judgment 98/2019, of July 17. Challenge procedure for self-governing communities’ provisions and resolutions num. 5813¬2018. (BOE num. 192, of August 12, 2019)

Abstract

The Spanish Constitutional Court, sitting in plenary, unanimously decides to declare void and unconstitutional two sections of Resolution 92/XII of the Parliament of Catalonia, dated 11 October, 2018, which had condemned the stance of H. M. the King Felipe VI and had claimed the Parliament’s preference for republican values and for the abolition of the Monarchy. The Constitutional Court declares, on the one hand, that it is contrary to the parliamentary monarchy system, given that a resolution condemning the King has legal effects and therefore infringes his inviolability and unac-countability. On the other hand, it declares that the Parliament of Catalonia exceeds its mandate.