Doctrina del Tribunal Constitucional sobre la aplicación del artículo 155 de la Constitución Española a raíz de la Declaración de Independencia por el Parlamento de Cataluña: Estudio de las STC 89 y 90/2019, de 2 de julio

After the political events happened in Catalonia, that finished with the Unilateral Declaration of Independence, by the Regional Parliament, on 27 October 2017, it was activated the extraordinary procedure foresee in article 155 of the Spanish Constitution, that establishes that if a Self-governing Community does not fulfil the obligations imposed upon it by the Constitution or other laws, or acts in a way that is seriously prejudicial to the general interest of Spain, the Government, after having lodged a complaint with the President of the Self-governing Community and failed to receive satisfaction therefore, may, following approval granted by the overall majority of the Senate, take all measures necessary to compel the Community to meet said obligations, or to protect the above mentioned general interest. The Sentences of the Spanish Constitutional Court 89 and 90/2019, have determined, in its main aspects, that it was constitutional the activation of the procedure foresee in article 155 of the Constitution, whose consequences were the dismissal of the Regional Government, the dissolution of the Regional Parliament, and the calling for regional elections. The authors of this paper advocate for the necessity of political dialogue, and the renouncement of maximalist positions, as the only way to find a solution of the great problems posited.