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CONSTITUTIONAL MYTHOLOGY (III): Article 155 or the "suspension of Autonomy"

Today the Constitution turns 30, seems like yesterday, and taking advantage of the celebrations has become to discuss the opportunity to suspend the autonomy of the Basque Country, via Article 155, if the Basque government finally try to hold a referendum illegal. Retrieved

opinions on the Internet, I notice there are many people interested in "fat" Article 155, both nationalists on both sides (English and Basque). Paradoxical, especially in the case of the Basques, who continue to advocate a partial implementation of the Constitution therefore understand untouchable institutions born of the Constitution as my application to repudiate. But that's another story that will have on another occasion.

Returning to business.

The fact that Article 155 allows the "suspension of autonomy" is not disputed by anyone, and many prominent lawyers have asked at one time or another. But a couple of years, a student asked me exactly where the Constitution spoke of suspension, and I recognize that anywhere.

Here the wording of Article 155:
"1. If an autonomous community does not fulfill the obligations that the Constitution or other laws impose, or acts in another way as seriously prejudicial to the interest of Spain, Government, upon request to the President of the Autonomous Community and, if not be addressed, with the approval by majority of the Senate, adopt the measures necessary to force it to the enforceability of such obligations or for the protection of that interest.

2. For the implementation of the measures provided for in the preceding paragraph, the Government may issue instructions to all authorities of the Autonomous Communities. "

As shown, the suspension is not spoken anywhere, and that made me ponder The question, instead of accepting no more as he had done before.

start by being humble. After all, this article has never been applied, so that what I say here is merely an opinion, because it corresponds to the Constitutional Court as ultimate interpreter of the Constitution, develop appropriate doctrine that would apply to the case.

There are also important jurists who have devoted much time to track and study me, so whoever wants to can go further, by example, the interesting http://blogs.hazteoir. org/cristina/tag/articulo-155, to give just one example.

From a careful reading of Article 155, it is clear that what is known as "suspension" of autonomy would only be possible to give instructions directly to a regional government in case of serious breach of its obligations or constitutional requirements, or serious harm to the interests of Spain, but only for matters related to the breach, so no have general application, nor would the disappearance of institutions that Autonomous Region, which in fact may bring actions before the constitutional court if they disagree with government intervention in Spain.

It seems that the tool offered by the article 155 is not as powerful as many believe, in my view is not comparable to what has happened in Northern Ireland on several occasions, and certainly does not warrant or victimization of those who like to say that attempts to silence the "Basque people", whatever that may be, and the triumphalism of those who believe that they could return to old habits to hit 155.

Unless otherwise stated TC, of \u200b\u200bcourse.