The implementation of article 155 of the Spanish Constitution. Commentary on the Supreme Court Judgment 277/2019, of March 4. Contentiousadministrative appeal num. 659/2017

Abstract

The Administrative Chamber of the Supreme Court resolves the ordinary appeal n. 659/2017 brought by several people affected by the dissolution of the Parliament of Catalonia, established by the Royal Decree 946/2017, of October 27th. This norm carries out the measures contemplated in the Decision of the Plenary Sitting of the Senate, of October 27th 2017, from the Decision of the Cabinet of October 21st 2017, as a result of the implementation of article 155 of the Spanish Constitution. Said implementation raises several interpretative doubts that are clarified by the Supreme Court in this judgement, and in more detail by the Constitutional Court in its Judgement 89/2019, of July 2nd, where it resolves the appeal on the grounds of unconstitutionality 5884-2017 brought by more than fifty congressmen of Parliamentary Group Unidos Podemos-En Comú Podem-En Marea of the House of Representatives against the aforementioned Decision of the Plenary Sitting of the Senate. It is understood that this imprementation of article 155 has been appropriate, and thus this judgement, as well as the Supreme Court’s Judgement in this commentary, dismiss the appeals.