ECHR backs Spanish court over Catalan resolutions on self-determination and monarchy

The European Court of Human Rights (ECHR) has upheld the decision from Spain's Constitutional Court to block the Catalan Parliament from processing resolutions on self-determination and the monarchy in 2019.

Following a complaint by former pro-independence MPs Josep Costa and Eusebi Campdepadrós against Spain, the Strasbourg-based court concluded on Thursday that the restriction imposed was a "proportionate and necessary" measure.

It rejected claims that the move violated freedom of expression and the political rights of the MPs, as the plaintiffs had argued.

The measure did not prevent parliamentarians from exercising their rights, as the block was imposed after numerous debates had taken place freely in the Catalan chamber, the ECHR stated.

The European Court found that "the Constitutional Court had exercised its power, in extreme circumstances, to implement its own previous decisions protecting the Constitution as the guarantor of the territorial integrity of the State."

"The limits on Mr Costa's freedoms of assembly and expression had been proportionate and necessary. They had not been a 'political' act. Mr Costa's complaint of unlawful, arbitrary or disproportionate interference was manifestly illfounded and the Court rejected it," the judgement said. 

Fifteen lawsuits

The complaints from the former Junts MPs are part of around fifteen lawsuits from pro-independence leaders related to the independence push that are currently before the ECHR. These have been grouped into three categories.

The first category includes cases related to the political rights of pro-independence leaders in pretrial detention; the second, the largest category, includes those convicted of sedition and embezzlement for the 2017 referendum; and the third pertains to freedom of expression issues, specifically the Constitutional Court's block on debates in Parliament. With the ECHR's decision, the third set of complaints related to the independence push in Strasbourg is now closed.

Constitutional Court's rulings

The ECHR's decision on Thursday referred to the Constitutional Court's rulings in the autumn of 2019 regarding the debates on self-determination and the Spanish monarchy.

At the request of the Spanish government, the Constitutional Court issued several enforcement orders to the Parliament's Bureau to stop the processing of resolutions on self-determination and the monarchy.

The court considered these to be a violation of the 2015 ruling that declared a Parliament resolution at the start of the independence push unconstitutional, and the 2019 ruling that annulled Parliament's censure of King Felipe VI and its request for the abolition of the monarchy.

According to the Constitutional Court, "the insistence of the Parliament of Catalonia on affirming the sovereignty of the people of Catalonia and defending the right to self-determination" constituted a de facto attempt to revise the Spanish Constitution through "procedures other than those prescribed," and therefore, the resolutions on self-determination were "incompatible with the rule of law."

It also blocked the resolutions regarding King Felipe VI, stating that Parliament "exceeded its powers" and that the condemnations of the head of state and the request to abolish the monarchy involved "an attribution of political responsibility" that was contrary to the Constitution.

Pro-independence complaints

Former Parliament Vice President Josep Costa and former First Secretary of the Bureau Eusebi Campdepadrós, who served from 2018 to 2021, filed complaints against the Constitutional Court for "preventing debates" in the Catalan chamber.

Both accused the Constitutional Court of trying to force them with "various demands" to "vote against the admission of initiatives" to debate the actions of the King of Spain and the issue of self-determination "under the threat of criminal responsibility."

"The prohibition of parliamentary debate on these issues was the explicit intention of the Spanish government when it raised the challenges before the Constitutional Court," they stated in their complaint.

Case against Spain

Costa and Campdepadrós then filed complaints against Spain with the ECHR over the Constitutional Court's block on processing resolutions related to self-determination and the monarchy in the autumn of 2019.

They argued that the Spanish state had violated their right to freedom of expression and their political rights as MPs because the Constitutional Court prevented the Bureau from allowing certain debates in Parliament.

All Junts MPs from the parliamentary term later filed a similar complaint with the ECHR.

Second complaint

Costa filed a second complaint against Spain for the judicial proceedings he underwent as a result of this case. Although the Catalan High Court acquitted him, Costa argued that the opening of a criminal case against him also violated his rights.

The ECHR rejected the argument that the disobedience charge against Costa was a "political measure."

Despite the Catalan High Court acquittal, there are still ongoing domestic appeals in Spain regarding the case.

Therefore, the ECHR reminded Costa that he can resubmit a complaint to Strasbourg if he receives an "unfavorable" ruling when the procedure is definitively resolved in Spain.