‘Junts Pel Sí’ and CUP hand over an agreed declaration on starting the independence process

Barcelona (CNA).- The two main pro-independence forces represented in the Catalan Parliament, cross-party list ‘Junts Pel Sí’and radical left CUP, handed over an agreed declaration which establishes the beginning of Catalonia’s independence process. The document was entered into the Parliament’s register this Monday and warns that “the process of democratic disconnection won’t be subject to Spanish institutions’decisions, particularly those from the Spanish Constitutional Court, which is regarded as discredited and without competences”. In fact, the declaration urges the new government to “obey exclusively those mandates produced”by the Parliament. The document considers it appropriate to start within a maximum of 30 days the processing of the laws for the constituent process, social security and the creation of a Catalan public tax office. The proposal will have to be voted on in an extraordinary plenary session to be held before the new president is instated. 

Listening to the 27-S democratic mandate

Through the document handed over today, ‘Junts Pel Sí’ and CUP “solemnly declare the start of the process to create the independent Catalan State in the form of a Republic” which will begin with a “constitutive process, participative, open, integrative and active, in order to set the basis for a future Catalan constitution”. The declaration states the “will to start the negotiations in order to make the democratic mandate of creating a new independent Catalan State effective” and therefore it is communicated to the Spanish State, the EU and the international community as a whole.

The document, divided into nine points, states that the democratic mandate obtained in the 27-S elections showed a majority of support “in votes and number of seats” to start a “constituent and non-subordinate process”.

Disobeying Spanish institutions’decisions

“As holder of the sovereignty” the document establishes that “the process of democratic disconnection won’t be subject to Spanish institutions’ decisions, particularly those from the Spanish Constitutional Court, which is regarded as discredited and without competences”. In fact, the declaration urges the new government to “obey exclusively those mandates produced” by the Parliament “in order to safeguard those fundamental rights which might be affected by Spanish institutions’ decisions”.

30 days deadline to start the constitutive process

The document, handed over to the Parliament this Monday, urges the new government to adopt the necessary measures to make such declarations effective and open this “process of democratic, massive, and pacific disconnection from the Spanish state” in order to allow “the citizens’ empowerment on all levels”. It also bids to start within a maximum of 30 days the processing of the laws for the constituent process, social security and the creation of a Catalan public tax office. The proposal will have to be voted on in an extraordinary plenary session to be held before the new president is instated. 

Rajoy: the declaration "will have no effect"

Spanish Prime Minister Mariano Rajoy reacted to the 'Junts Pel Sí' and CUP declaration on starting the independence process and described it as "a provocation" by those who "want to break the law when the law is not by their side". Rajoy warned that he will "use all the judicial and political mechanisms to defend Spanish sovereignty" and assured that even if the motion is finally approved "it will have no effect". "As long as I am the President, Spain will continue to be a nation of free and equal citizens and justice will prevail over nonsense" stated Rajoy and added that everyone "will be subject to the law and to the court's resolutions". During his institutional declaration before the media, which he called together as a matter of urgency, Rajoy assured that "those who want to separate and divide Catalonia and Spain must know that they won't achieve their purposes" since "the law is in front of them and the government is determined to make use of it".

When asked about the concrete mechanisms he would use, Rajoy referred to the recent reform of the Spanish Constitutional Court (TC), which will allow it to suspend from office those civil servants who disobey the court's resolutions. Earlier in the week, Rajoy expected to solve Catalonia's push for independence with "intelligence, discernment and ability" and "not reaching" extreme solutions, referring to the hypothetical application of article 155 of the Spanish Constitution, which foresees the suspension of Catalonia's autonomy.

Spanish Minister for Justice Rafael Catalá assured that the executive will study 'Junts Pel Sí' and CUP's declaration from a judicial perspective and if it is proven to be unconstitutional "it will be appealed wherever it would correspond" right after being approved. 

The Catalan Government is ready to deal with the TC's suspensions

Catalan Government spokeswoman Neus Munté accused Rajoy of "denying freedom of speech and the democratic mandate" with his statements. Munté lamented that Rajoy used terminology "which is not proper of a democratic state" and emphasised that a motion presented by two majoritarian forces in the Parliament can't be considered a provocation. When asked about a hypothetical appeal of the declaration by the Spanish state, Munté assured that the Government has been working already on how to deal with, and avoid if necessary, the TC's possible suspensions.