Article 155 of the
Constitution of Spain
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
grants the
government of Spain
gl, Goberno de España eu, Espainiako Gobernua
, image =
, caption = Logo of the Government of Spain
, headerstyle = background-color: #efefef
, label1 = Role
, data1 = Executive power
, label2 = Established
, da ...
a coercive mechanism to force an
autonomous community
eu, autonomia erkidegoa
ca, comunitat autònoma
gl, comunidade autónoma
oc, comunautat autonòma
an, comunidat autonoma
ast, comunidá autónoma
, alt_name =
, map =
, category = Autonomous administra ...
to comply with the law when it severely contravenes the
Constitution of Spain
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
or other laws, or when its actions seriously threaten the general interest of
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
. The article is inspired by the mechanism of "federal coercion" (''Bundeszwang'') provided in article 37 of the
Basic Law of the
Federal Republic of Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between ...
. By means of this article, Catalan autonomy was intervened between 27 October 2017 and 2 June 2018.
This legal provision became notable after it was activated by the
Spanish Senate
The Senate ( es, Senado) is the upper house of the Cortes Generales, which along with the Congress of Deputies – the lower chamber – comprises the Parliament of the Kingdom of Spain. The Senate meets in the Palace of the Senate in Madrid.
Th ...
to dismiss the
Government of Catalonia
The Executive Council of Catalonia ( ca, Consell Executiu) or the Executive Government of Catalonia (Catalan: ) is the Executive (government), executive branch of the Generalitat of Catalonia. It is responsible for the political action, regul ...
and dissolve
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
after the proclamation of a
Catalan declaration of independence
The Catalan declaration of independence ( ca, Declaració d'independència de Catalunya; es, Declaración de Independencia de Cataluña) was a resolution that was passed by the Parliament of Catalonia on 27 October 2017, which declared the inde ...
on 27 October 2017. The
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
ruled the declaration to be null and void, an opinion shared by a significant number of legal scholars. The declaration was not recognized by the international community.
In a ruling issued on 5 July 2019, the Constitutional Court established that Article 155 is an "exceptional and subsidiary remedy" that must be limited in time. There is no possibility of a general and permanent suspension of self-government, as it would contravene the right to autonomy guaranteed in the Constitution.
See also
*
Constitution of Spain
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
*
Politics of Spain
The politics of Spain takes place under the framework established by the Constitution of 1978. Spain is established as a social and democratic sovereign countryFirst article. wherein the national sovereignty is vested in the people, from wh ...
References
{{reflist
Constitutions of Spain
Politics of Spain