Statement by Ministry of Home Affairs on application of Article 155 of the Constitution
News - 2017.10.28
- To guarantee the rights and liberties of all the citizens of Catalonia
- To oversee compliance with the principles contained in the Spanish Constitution and the Statute of Autonomy of Catalonia
- To only intervene when absolutely necessary
- To demand loyalty to the Constitution
- Absolute recognition of the professionalism of the officers that comprise the Mossos d´Esquadra [Regional Police Force of Catalonia]
Hierarchical structure of the Mossos d´Esquadra; intervention only when absolutely necessary
Now that the removal of the President of the Regional Government of Catalonia and the Regional Councillor for Home Affairs have been agreed, in application of the measures approved by the Upper House of Parliament under Article 155 of the Spanish Constitution, the following political members of the Regional Department of Home Affairs, who directly answer to the Regional Councillor, with maximum respect for the professionals that make up said department, will also be removed: the Secretary General for Home Affairs and the Director-General for Police of the Regional Government of Catalonia, as well as the Chief of the Mossos d'Esquadra.
These dismissals from office in the first two cases take place because of their acknowledged ties of a political nature, which are at the core of the application of Article 155 of the Constitution, and in the third case because of the judicial situation he is in, which makes it inadvisable for him to head up the police force under these circumstances.
a).- Secretariat General of Home Affairs
Since the powers of the Regional Department of Home Affairs are to be take on by the Delegate Commission for Catalonia, the direct management of the Regional Department of Home Affairs will fall on its secondary body - the Secretariat General of Home Affairs, which will be headed up by Juan Antonio Puigserver - the current Juan Antonio Puigserver - the current General Technical Secretary of the Ministry of Home Affairs.
This replacement is made on a purely technical basis, and falls on a professional who is a renowned expert in security and home affairs and is a member of the Security Council of Catalonia. Also noteworthy is that most of his professional career has been spent in Catalonia and he speaks Catalan.
b).- Directorate-General of Police
The Ministry of Home Affairs has decided not to cover the post of Director-General of Police, and hence his responsibilities will be distributed between the Secretary General of Home Affairs and the Head of the Mossos d´Esquadra. The political component that made up most of the activity of the Director-General of Police is considered absolutely dispensable.
c).- Hierarchy of the Mossos d´Esquadra
Actions by the Ministry of Home Affairs within the Mossos d´Esquadra will be carried out with the maximum consideration for the different ranks of this police force, and with the application of a criterion of scrupulous respect for the hierarchy of the Mossos d´Esquadra.
Ferrán López, the current Chief Commissioner for Territorial Coordination of the Mossos d´Esquadra and number two of the police force, will head up this police force. Hence, with the appointment of Ferrán López as the head of the Mossos d´Esquadra, the principle of respecting the current hierarchy of the Regional Police Force of Catalonia will be adhered to, which establishes this commissioner as the replacement in the event of the absence or dismissal of the previous chief.
Other bodies
The remaining bodies that come under the powers of the Regional Department of Home Affairs of the Regional Government of Catalonia - Civil Protection, Traffic, Firefighting, etc., will maintain their current structures and officials.
The Penitentiary Services will cease to depend on the Regional Department of Justice and their functions will be passed over to the Ministry of Home Affairs, since the Ministry of Justice does not have powers over penitentiary affairs.
Loyal coordination between the Mossos d´Esquadra, National Police and Guardia Civil
The main aim is to develop full and loyal coordination between the Mossos d´Esquadra, the National Police and the Guardia Civil, respecting their respective powers with the aim of providing full guarantees to the exercise of the rights and liberties of all citizens of Catalonia.
The State Secretary for Security, in the exercise of the functions that correspond to him under Article 164 of the Statute of Autonomy of Catalonia, will provide mandatory instructions to the Mossos d´Esquadra.
In the same way as throughout the rest of the country, where the command, management and coordination of the State law enforcement agencies that operate in their territory fall to the Government Delegations and Sub-delegations, the Government Delegations and Sub-delegations in Catalonia will also take on these same functions over the Mossos d´Esquadra and their coordination with the State law enforcement agencies.
At present, the units of the State law enforcement agencies are carrying out ongoing surveillance duties on the installations of the Guardia Civil and National Police, the Government Delegation, the Sub-delegations, the headquarters of national political parties under threat, the ports, airports, national social media under threat, the Higher Court of Justice, the City of Justice, the Tax Offices, the Bank of Spain and certain critical infrastructures.
Protection and security services are also being carried out, on a sporadic basis, on private individuals and sensitive facilities.
In the event that it became necessary, due to the turn of events, in certain situations, units of the Mossos d´Esquadra could be replaced by other units of the State law enforcement agencies.
Loyalty to the Constitution
The decisions adopted to date may subsequently be extended according to the loyalty shown to the Constitution and to the Statute of Autonomy of Catalonia by the various officials that work for the Department of Home Affairs of the Regional Government of Catalonia.
Non official translation