Automatic nullity of a municipal act supporting the Catalonian Procès (Spanish Supreme Court’s Sentence 2088/2019, of 26th June)

Abstract

Spanish Supreme Court’s Sentence 2088/2019, of 26^th June, has upheld the appeal of invalidity of an act which had declared the support of the municipality of Caldes de Montbui to the Independence of Catalonia. Though having reached to the right solution, the Sentence is not completely well-founded, since, on the one hand, it is based on a very restrictive understanding of the capacity of local entities in order to develop their strictly political activities, and, on the other hand, it does not take into account some other aspects which could have been the basis for a better legal reasoning.