Section 155 of the Spanish Constitution: doctrinal and comparative examination

Abstract

Abstract:
Section 155 of the Spanish Constitution regulates federal coercion by means of a text inspired in section 37 of the Fundamental Law of Bonn, although the former presents some important differences, especially due to the different electoral configuration of the Spanish Senate and the Bundesrat. The wording of section 155 is a good example of the characteristic ambiguity of constitutional texts. Its interpretation suffers from a lack of legislative development and former precedents. By means of the Order of 27th of October, 2017, the Spanish Senate has applied for the first time section 155, understanding that the Catalan Generalitat had violated the Constitution. The authorization given to the Spanish Government entailed the dismissal of the Autonomous Government of Catalonia and the dissolution of the Autonomous Parliament. Two motions have been filed,
one by the parliamentary group Unidos-Podemos, and another by the Diputación
Permanente of the Parliament of Catalonia. This paper tackles the legal analysis of section 155, and risks predicting the future ruling of the Spanish Constitutional Court.