constitution

Spain's Constitutional Court has reached a unanimous decision against the Catalan Parliament's 'Declaration of Sovereignty', approved in January 2013 and appealed by the Spanish Government. In May 2013 the Constitutional Court put the Declaration on hold, temporarily stopping its implementation while it was reaching a definitive decision, which has happened this Tuesday evening. In the end the Court has declared the first part of the text, which stated that "the people of Catalonia is, for reasons of democratic legitimacy, a sovereign political and legal subject", "unconstitutional and void". However, it adds that the people of Catalonia have "the right to decide" but not "to self-determination", and it points out that the Constitution can be reformed. After months of internal debate and previous failed attempts to reach a consensus, the decision arrived a few hours after the Catalan Parliament had approved a motion to disqualify 3 of the 12 members of the Constitutional Court of not being impartial on this issue.

All the political reactions to the death of former Spanish Prime Minister Adolfo Suárez highlight his crucial role leading Spain from Franco’s Dictatorship to Democracy, as well as his capacity to build consensus. However, Madrid-based politicians are stressing how he worked for the  unity of Spain and conviviality among its citizens. Meanwhile, Catalan parties are emphasising Suárez's courage in ending Franco's laws and how he worked to institutionalise what was already normal at street level. For instance, the Catalan President, Artur Mas, pointed out how Suárez restored Catalonia's autonomy in September 1977 before the approval of the Constitution in December 1978. Suárez, who had reached top positions within Franco's Regime, was appointed Prime Minister by King Juan Carlos in June 1976, seven months after the dictator's death.

Irene Rigau, the Catalan Minister for Education, announced that Catalonia will participate in the working group created to analyse how to better implement the Spanish Government's Education Reform. Such a group was announced by the Spanish Education Minister, José Ignacio Wert, to make "Catalonia feel comfortable" with a Reform that totally changes the current school model. However, Rigau stated that the results of the working group will have to be assessed before implementing the Reform. On Wednesday, she refused to attend a meeting in Madrid to discuss how Spanish will be made an instruction language in Catalan schools. After the meeting, the Spanish Government stated that this will done "one way or the other" in September 2014. Meanwhile, the judicial battle goes on and the five schools forced to teach 25% of the subjects in Spanish will be allowed to appeal.

The Catalan Government announced it will take to the Constitutional Court four bills drafted by the Spanish Executive because they neglect Catalonia’s self-government capacities and exclusive powers. The 4 affected bills are the Education Reform, the Market Unity Law, the Local Governments Law and the Environment Evaluation Law. The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, said that those reforms go against the Constitution and aim to reform it “through the back door”. “It is a reform without the needed transparency, without holding an open debate”, he said. “They are stripping away our political capacity to decide”, Homs emphasised. The Spanish Government justified the recentralisation of powers as a way to improve efficiency in times of economic crisis and austerity. However, several experts have already warned that it is not proven that efficiency will improve if powers are centralised.

The Spanish Ministry of Education has released the decree proposal stating that the Catalan Government has the obligation to provide alternatives to families who request their children to be taught in Spanish in public schools, where Catalan is the first language of instruction and Spanish is mostly taught as a subject. Furthermore, Catalonia and all other Autonomous Communities with two official languages will have “to fully assume” the costs of these children’s education in privately-owned schools using Spanish as the language of instruction if the families do not find the appropriate public alternative. The money will be deducted from the Autonomous Communities’ funding scheme if they do not cooperate. However, the decree does not work the other way round in regions such as Valencia, where families are having problems to school their children in Catalan (co-official there).

The Spanish Parliament has approved a motion that “supports” the Spanish Government using “all the measures that the legal framework allowed to keep the unity of Spain, as a nation of free and equal citizens only subject to the rule of Law”. The motion has been filed by the People’s Party (PP), which holds an absolute majority and runs the Spanish Government. Spain’s nationalist and populist party UPyD abstained, as well as the Spanish Socialist Party (PSOE), including the MPs from the Catalan Socialist Party (PSC). Article 8 of the Spanish Constitution, negotiated between democracy supporters and members of the Franco Dictatorship, reads: “the Armed Forces […] have the mission to guarantee Spain’s sovereignty and independence, defending its territorial integrity and the Constitutional order”.

Catalan parties have filed several motions requesting the Spanish Prime Minister Mariano Rajoy to make a move regarding Catalonia’s self-determination and abandon his frontal opposition attitude. “React now before it’s too late”, the Spokesperson of the Centre-Right Catalan Nationalist Coalition (CiU), which runs the Catalan Government told Rajoy. The Left-Wing Catalan Independence Party (ERC) was asking the Spanish Government to negotiate the terms for holding a self-determination referendum in Catalonia. The Catalan Green Socialist and Post-Communist Coalition (ICV-EUiA) was asking Rajoy to transfer the powers to organise referendums to the Catalan Government, using Article 150.2 of the Constitution. Meanwhile, the Spanish and Catalan Socialists are proposing a revision of Spain’s territorial model. Rajoy rejected all the motions.

The Spanish Prime Minister, Mariano Rajoy, did not announce any new plan to handle Catalonia’s self-determination claims during the State of the Nation Debate at the Spanish Parliament. On the contrary, Rajoy stiffened his stance on the issue and talked with a stronger tone than usual, saying that he “will not remain indifferent” to the self-determination process. The Spanish PM added he “will fight for Catalans and their progress”, as he will do for “all the Spaniards”. Rajoy repeated once again that Catalonia’s self-determination vote “cannot take place”. He said he is “always open to talk” but “always within the Constitution and the Law”, which are unquestionable red-lines. Two days ago, the European Commission had asked for a “dialogue” without red-lines “to keep Catalonia within Spain”. “Unity is a greater value” than “dialogue”, answered Rajoy. In addition, he pointed out that the Constitution can be modified following the foreseen procedures, although three months ago he completely opposed any modifications.

The Spanish Supreme Court has ruled against the Catalan school model again. The model, which is based on the linguistic immersion principle, has been in place since the mid-1980s and totally guarantees the pupils’ knowledge of both Spanish and Catalan at the end of their schooling period. On Monday the Court rejected an appeal lodged last year by the Catalan Government against a previous judgement that obliged a school to go against Catalonia’s Education Law and teach the entire class in Spanish following a single request from a little girl’s family, irrespective of the opinion of the other pupils’ families. This is another episode in a long series of judicial rulings, appeals and judgements against Catalonia’s school model and the Catalan language since 2010. Spanish nationalists, particularly Madrid-based media and the People’s Party (PP), have been attacking this model and the Catalan language for the last decade and a half, but recently they have managed to get the centralist judicial authorities to back them.

33 Catalan judges have signed a manifesto supporting Catalonia’s right to self-determination. The judges emphasise that such a right fits into the current constitutional framework and is in line with international law. Some of the signatories work in provincial High Courts and have been members of the body governing judicial power in Spain (CGPJ). It is the first time that Spanish State civil servants have made such a clear statement supporting the right of the Catalan people to decide freely on their collective future and their relation to Spain. Judicial power in Spain is totally centralised and has a deep centralist tradition. According to these law experts, “Catalonia is a nation”, “without discussion”, and therefore has “full sovereignty to decide on its own future”.

The Catalan Executive, chaired by Artur Mas, has published a 50-page memorandum in reply to the report issued by the Spanish Foreign Affairs Minister, José Manuel García-Margallo, in late December against Catalan independence. Margallo’s document claimed that independence was “immoral” and “not a democratic option”. The 200-page report was distributed to all Spain’s embassies as a list of arguments to be used to lobby against Catalan independence at international level. The memo was written in a condescending tone and included many judgemental opinions, half-truths, partial quotes and even lies. One of them was that Catalonia recovered its self-government institutions thanks to the Constitution, which is false. The Catalan Government has replied with its own memo and has asked the Spanish Foreign Affairs Ministry to distribute it to all the embassies as well.

The German multinational BASF distanced themselves from the manifesto issued on Tuesday by 60 German businesspeople, including BASF CEO in Spain, against Catalan independence. BASF stated that they “will is to continue [their] activities in Catalonia”, as “proven” by their “more than €30 million investment” made in 2013. The manifesto against independence stated it would have “dreadful consequences” on the Catalan economy. BASF replied they “did not intend to influence or intervene in political debates”, adding that they “respect the laws of the countries in which [they] operate”. The German company “deeply” lamented, along with its CEO Erwin Rauhe, that the company’s name had been used in the presentation of the manifesto against independence, called ‘Declaration of Barcelona’.

The Catalan Government’s Spokesperson and Minister for the Presidency, Francesc Homs, has highlighted that the results of a self-determination vote in Catalonia would not be invalidated by a secondary vote held at Spanish level. “This is not about putting the Catalan people’s decision-making capacity in somebody else’s hands”, stated Homs on Friday. The previous day, Homs had proposed to hold such a referendum at Spanish level since he was foreseeing the need to adopt Constitutional changes based on the results of the Catalan self-determination vote. He stated that firstly “the opinion of Catalans” had to be known; secondly, a negotiation based on this vote’s results should be held between Catalan and Spanish authorities; and, thirdly, since it is likely that Constitutional changes will be needed, a referendum at Spanish level should be held.

The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, stated that the opinion of the Catalan citizens, in the first place, had to be known through a consultation vote. After having achieved this and according to its outcome, negotiations between Catalan and Spanish authorities should take place in order to change the current status quo. The results of such negotiations, which would very likely lead to a reform of Spain’s Constitution, would then have to be voted by all Spaniards through a second referendum, according to Homs’ hypothesis. In an interview with the Spanish nationalist radio station COPE, owned by the Spanish Catholic Church, Homs wondered if “an Autonomous Community has the capacity to propose the start of a Constitution reform-process?”

The Spanish Foreign Affairs Minister, José Manuel García-Margallo, said that Spain could “consider” the admission of an independent Scotland within the EU. In a front-page article published this Monday in the Financial Times, Margallo argued that if the Scottish people gained independence through a “legal” process, Spain would not interfere. However, the Minister warned that the Scots would have to “join the waiting line and ask for admission” to enter the EU. The article underlined that “Margallo’s nuanced stance towards Scotland stood in marked contrast to his uncompromising rhetoric on Catalonia”, “two fundamentally different” cases according to him. The President of the Catalan People’s Party – Margallo’s party - reacted to the interview and stated that his words had been misinterpreted: Spain would assess Scotland’s admission but would not approve it.