The Competence of the Supreme Court To Know the Special Case of «El Procés»

Abstract

The assumption of the Supreme Court of knowing of the special case of el procés has been the result of a conjunction of factors. On the one hand, the competence to know of the lawsuit against the president of the Catalan Parliament and other members result from their granted immunity (due to their membership of the Permanent Council), connected to the attributed facts accomplished partially out of the territory of Catalonia (article 57.2 Autonomous Statute of Catalonia). On the other hand, the competence to know of the pendent trial before the National Audience against the members of the Governmental Council -ceased by the implementation of article 155 Spanish Constitution and without immunity for this very reason- is based on the inevitable link between the attributed facts to the former ones and those attributed to those with granted immunity, what has also determined the inquiry and the trial of the facts as a whole