The Ministry of Foreign Affairs, European Union and Cooperation has requested a precautionary measure to stop the activity of the Catalan Delegations in Germany, Switzerland and the United Kingdom, considering it harmful to the interests of the State and serving an unconstitutional secessionist project.
The State Advocacy, within the framework of the administrative contentious appeal has filed before the Superior Court of Justice of Catalonia (TSJC) on behalf of the Ministry of Foreign Affairs, European Union and Cooperation (MAUEC) against the Decree 126/2018, of June 26, 2018, of the Government of the Generalitat de Catalunya, of restoration of the Delegations of the Government of the Generalitat in the United Kingdom, and Ireland, Germany, the United States of America, Italy, Switzerland and France, requested yesterday of the Court the adoption of a precautionary measure consisting in the paralysis of the activity of the delegations in Germany (Berlin), the United Kingdom, and Ireland (London) and Switzerland (Geneva).
The submitted document argues that the concurrence of the circumstances that determine the need to request a precautionary measure is verified when the delegations "are in operation and clearly contravening their activity, among others, a competence and exclusive competence of the State, such as international relations (art. 149.1.3ª of the Spanish Constitution), as a limit of the external action of the Autonomous Communities ".
The request of the MAUEC before the TSJC points out that the restoration of the Generalitat's external offices pursues an "unconstitutional purpose, such as the creation of a state structure, at the service of a national transition project of unconstitutional secessionist character, with serious prejudice, also, for the foreign policy of Spain ".
On the other hand, although the activity of the Generalitat's delegations abroad is revealing, as a whole, harmful to the interests of the State, it has been found that the work carried out by the delegations in Germany (Berlin), The United Kingdom and Ireland (London) and Switzerland (Geneva) respond with singular intensity to the objectives of the secessionist process in Catalonia that has been declared unconstitutional by the Constitutional Court in repeated pronouncements. For this reason, the request for precautionary measures presented is limited at this time to the activity of these three delegations.
On September 25, the State Attorney had already filed a contentious-administrative appeal with the TSJC against Decree 126/2018 of June 26 of the Generalitat de Catalunya. The filing of the appeal was motivated by the Generalitat's failure to comply with the obligation established in the art. 12 of the Law of 2/2014 of March 25 of the Action and of the Foreign Service of the State.
The MAUEC regrets having to request the aforementioned precautionary measures but is not left with another option to preserve the legal mandate that places within the exclusive competence of the State the possibility of establishing measures that regulate and coordinate activities with external projection of the Autonomous Communities. In any case, the legitimate "foreign action" that Catalonia (as any other Autonomous Community) can deploy within the scope of its powers, in accordance with the Constitutional and Statutory Law and jurisprudence is not disputed.