REVEALED: Catalonia’s secret weapon to stop Rajoy’s independence block

Spanish Prime Minister Mariano Rajoy yesterday vowed to take control of the region after the Catalan President Carles Puigdemont refused to renounce independence claims.

The move, which is likely to be passed through the Senate next week, would also mean the removeal of Mr Puigdemont and any other Government members behind the independence referedum which has been deemed illegal.

But chief representative of Catalonia‘s government Sergi Marcen, the region’s most senior figure in the UK exclusively told Express.co.uk a legal challenge could delay and even block Article 155.

He told Express.co.uk: “The lawyers don’t know exactly what the Article can do. It’s like opening Pandora’s Box.”

Sergi Marcen Catalonia's most senior figures in the UKAFP

Sergi Marcen has indicated that Catalonia could take legal action over Article 155

When asked specifically if a legal challenge could be mounted, Mr Marcen replied: “Could be, could be.

“They want to impose a government on the Catalan people that they have not voted for. Is this democracy? This is respect to democracy?

“I think, in the future, when the international courts take these cases, the Spanish government will give the reason to the Catalan people why it is doing this. Now, it is something amazing that this Spanish government is doing this.

“They are talking about splitting the powers in Catalonia.

“At the moment the Spanish government is using the police and the courts against the Catalan people because they can’t use the army.”

The lawyers don’t know exactly what the Article can do. It’s like opening Pandora’s Box

Chief Catalan Representative to the UK Sergei Marcen


The Catalan government, when approached by Express.co.uk for comment on the possibility of legal action declined to confirm or deny their next move.

A spokesman for foreign communications Joan Maria Pique said: “No, I’m afraid I can’t. I am sorry.”

Article 155 states that if a regional government “doesn’t comply with the obligations of the Constitution or other laws it imposes, or acts in a way that seriously undermines the interests of Spain”, the national government can, after approval from the Senate, suspend Catalan autonomy.

However questions arise over exactly what “necessary measures” can be used as well as the scope to the phrase “give instructions” to the regional authorities.

Mariano RajoyEPA

Spanish Prime Minister Mariano Rajoy is poised to implement Article 155 of the constitution

The only directions given state the national government may give orders to “all authorities” of regional governments.

Spanish Prime Minster Mariano Rajoy said on Saturday he was invoking the article to “restore the rule of law, coexistence and the economic recovery and to ensure that elections could be held in normal circumstances”.

He hopes to remove the current Catalan government and call elections early next year, probably January.

This would mean removing the President Carles Puigdemont, Vice President Oriol Junqueras and all the ministers, this is likely to include Carme Forcadell, the Speaker of Parliament

Ms Forcadell called the move by Madrid as a “de facto coup d’etat.”

Thousands protest in BarcelonaEPA

An estimated 450,000 people took to the streets of Barcelona yesterday

Mr Rajoy did not go into details on how the article would be applied but a statement issued by the Spanish government said: “A series of measures will be introduced regarding sensitive issues such as security and public order, financial management, taxation, the budget and telecommunications.”

Issues could arise if an interim government was imposed as well as if Madrid attempted to take control of the regional police – Mossos d’Esquadra – as well as the Catalan television station TV3.

The head of Mossos Josep Lluis Trapper is currently facing charges of sedition after being accused of failing to carry out judicial orders during the referendum on October 1.

Along with a possible legal challenge if Madrid did trigger Article 155, Catalan officials could simple refuse to implement any policy and any central control is very likely to be met with widespread hostility from the Catalan people, already angered over the brutal measures used by the Guardia Civil during the contentious referendum vote on October 1.

Tensions were also increased this week after two separatist leaders – ANC leader Jordi Sanchez and Jordi Cuixart, the ad of the Omnium Cultural – were held in jail pending an investigation for alleged sedition.

Mr Marcen hit out at the Madrid administration saying it was guilty of not obeying the rule of law, an accusation levied at those who want Catalonia to break away.

He said: “In Catalona, we currently have a problem of democracy. Whether you want independence or not, we have a problem of democracy.

“A lot of Prime Ministers in Europe say we have to follow the rule of law. But the Spanish government are the first ones not to obey the rule of law.

Catalonia's President Carles Puigdemont (C) during the demonstrationEPA

Carles Puigdemont (C) with key figures in the Catalan parliament and Artur Mas (far right)

“They have used the constitution to negate a referendum. The Spanish constitution does not prohibit a referendum. So this is a political decision not the rule of law.

“Then they have been ordering arrests and carrying out criminal proceedings against organisations that promoted the referendum, which is not a crime in Spain.

“They are also extending the remit of the courts beyond their legal power, like with the Constitutional Court or the Spanish National Court.

An estimated 450,000 people took to the streets of Barcelona once again on Saturday to protest over the looming implementation of Article 155 as well as imprisonment of the ‘Two Jordis’ as they have become known.

Even with the charges of sedition, Mr Marcen says that the Spanish government is over-stepping the mark by bring the charges through the National Court.

Mr Marcen said: “Unfortunately they are political prisoners because the court that is dealing with them is a court that does not have enough powers to deal with them as the charge of sedition as the Spanish National Court doesn’t have enough power to deal with those charges.

“Spain is not following the rule of law. They are doing anything they want. I am really worried about that.”