constitution

Spanish Socialist Party (PSOE) and anti-Catalan nationalism ‘Ciutadans’ have agreed to form “a reformist and progressive” government. The 66-page document, which both parties signed this Wednesday, includes the commitment to oppose “any attempt to hold a referendum with the objective of launching the auto-determination of any territory in Spain”, in clear reference to Catalonia’s push for independence. The document also aims to launch, during the first month of the term of office, an ‘express reform’ of the Spanish Constitution and start writing a new project at the beginning of 2017. Thus, ‘Ciutadans’ will support PSOE leader Pedro Sánchez’s investiture in the upcoming debate, which will take place on the 1^st of March. However, together both parties have only 130 seats, far from the 176 required to invest Sánchez in the first round.

The current Spanish Prime Minister, Mariano Rajoy, announced that the processing of the three laws which would prepare Catalonia for its disconnection process from Spain may be taken before the court. According to Rajoy, Spain’s legal services will analyse these laws and if evidence that they “could contradict what it is said in the Constitution” is found “the Spanish government will act as is has done up to now”. “The government is temporary, but the State, the Constitution and the laws are still in force” he warned. Rajoy also announced that the executive will approve this Friday a conflict of jurisdiction to be presented to the Spanish Constitutional Court regarding the creation of the new Catalan Ministry for Foreign Affairs. 

If Catalonia proclaims its independence, the international community will in the end “accommodate itself to the new reality”, stated former Icelandic Minister for Foreign Affairs, Jón Baldvin Hannibalsson. “Don’t be scared by scaremongering. In the end, all nations and all political leaders have to accommodate themselves to new realities” he assured in an interview with CNA. Although he predicted that proclaiming independence outside of the law will at first be considered “illegal” for the international community, “freezing Catalonia out forever” would be “nonsense”. Baldvin Hannibalsson recognised the Baltic States’ independence in 1991, when neither the United States nor the European powers dared to do so for fear of confronting the USSR.

The European Commission’s President, Jean-Claude Juncker, urged Spain to form a “stable government” and do it “as quick as possible, as it belongs to the Eurozone”. Juncker refused to “give an opinion on the movements in some regions and provinces”, referring to Catalonia’s push for independence, but called for “Spain to rise to” the circumstances. In a similar vein, the Euro Parliament’s President, Martin Schulz, assured that the Catalan case would have to be “dealt with within the framework of the Constitution”. The Vice President of Flemish Nationalist party N-VA, Sander Loones, commented that the EC “missed a great opportunity” by not taking up a role as mediator and noted that “saying that it is a Spanish issue only is a way of making sure that nothing will move”.

Current Spanish Prime Minister, Mariano Rajoy insisted that the Spanish Government’s legal services will “write a report” to evaluate the procedure used in new Catalan President, Carles Puigdemont’s, take office. During the ceremony, Puigdemont didn’t mention Spain’s King nor the Spanish Constitution. “According to this report we will make the appropriate decisions, following the current legislation and the general interests of all the Spanish citizens” he warned. Despite petitions from he other groups in Spanish Parliament, Rajoy admitted that “so far” he “doesn’t intend” to meet with Puigdemont. 

The Spanish Socialist Party, PSOE, will “tackle its legitimate responsibility” to offer an alternative government to the ruling People’s Party but not “at any price”. “We won’t dialogue on questions such as territorial integrity” warned PSOE’s leader Pedro Sánchez. “The coexistence crisis in Catalonia will only be solved with a constitutional reform and not with a referendum on breaking Spain apart” as this would be “the start of new breakdowns”, he stated. In relation to this, Sánchez assured that PSOE won’t reach any agreement with any party which supports a referendum, referring to alternative left Podemos. “We are for the right to decide but for all Spanish citizens”, he stated and assured that the “brightest pages in Spain’s history” have been written through dialogue. 

PPC, the Catalan branch of the conservative People’s Party aims to return the trust of all those citizens who supported the party in 2011 when the PP obtained an absolute majority. “We still have time” stated PPC’s candidate for the Spanish Elections in Barcelona province, Jorge Fernández Díaz who is currently Spanish Minister for Home Affairs. He urged Catalans to “fill the ballot boxes with national pride, seriousness, rigour and hope” and accused the pro-independence forces of being “traitors” for “breaking the constitutional agreement” and assured that “nobody has ever dared to go this far”. According to Fernández Díaz, Spanish Prime Minister Mariano Rajoy is the only guarantee “to get rid of the toxic process which is dividing Catalans” and assured that Spain “is not for sale, nor likely to be broken”.   

Catalonia "won't get anything" from a reform of the Spanish Constitution, on the contrary, "it will lead to frustration" assured current Catalan President, Artur Mas. "It is nonsense to suggest that Catalonia burns itself to flames by promoting a reform of the Spanish Constitution" as it will lead "to a dead end once again", assured Mas. He made these statements in response to the Spanish Constitutional Court (TC) President, Francisco Pérez de los Cobos, who urged the Parliament to propose concrete modifications of the Spanish Constitution in order to launch their demands rather than doing so by breaking the law. "We know that the Parliament has the right to propose constitutional reforms" stated Mas "but now it is not about rights, it is about politics, real politics" he assured. Mas made these declarations in Paris, where he was attending the Paris Climate Change Conference.

The magistrates of the Spanish Constitutional Court (TC) have unanimously declared the Parliament's declaration of independence unconstitutional and, therefore, invalid. The TC has considered that the agreed pro-independence proposal approved by the Parliament on the 9^th of November violates core articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law" and also "attacks the Rule of Law". The TC has made its decision only 22 days after the appeal presented by the Spanish executive was accepted, which makes this resolution the fastest in the TC's history. On the other hand, the appeals against Spanish Government's abortion reform, led by People's Party (PP), are waiting for a resolution since 2010.  

On the day after the Spanish Constitutional Court (TC) suspended the Parliament's declaration to start the independence process and the same day that the official notification arrived at the Parliament, Spain's King Philip VI has guaranteed Spain's unity. "The Constitution will prevail" he stated and added that Spain "won't allow that its unity could be questioned, as it is the base of its people’s peaceful and free coexistence". "It is not the time to go back to the past" stated Spain's King "but to reaffirm ourselves in our compromise with a present and a future full of shared progress and democratic coexistence". "As head of the State" he concluded "I will always be by all Spanish citizens' side". Spain's King made these statements during a ceremonial event of the 'Marca España' ('Spain Brand') initiative, during which many personalities from the cultural, economic and sporting spheres were honoured by Spanish Minister for Foreign Affairs, José Manuel García Margallo. 

The Spanish Constitutional Court (TC) unanimously approved the appeal presented by the Spanish Government to suspend the Parliament's declaration of independence. The TC will now apply article 161.2 of the Spanish Constitution, which establishes the automatic suspension of any resolution appealed by the Spanish Government, and suspend the declaration, initially for five months. The approved appeal also warns Parliament’s President, Carme Forcadell, current President Artur Mas and all the members of the executive and Parliament's Bureau that those who won't adhere to the TC's resolutions could be fined or suspended. In this vein, Spain's public prosecutor’s office announced on Tuesday that all the police bodies in Spain, including the Catalan Police, had been urged to investigate and denounce the possible "sedition crimes" committed in Catalonia.

Philip VI, the Spanish Monarch, defended this Wednesday “a united Spain” at Strasbourg’s plenary. “Europe has been built on the basis of adding rather than deducting, of uniting rather than dividing and the ability to share and be supportive” he stated. The EU can count “on a united Spain, which is proud of its diversity” and “respectful of the rule of law”, he emphasised. The Spanish King praised the Constitution and described it as “the great agreement” which “protects the regions in Spain in the exercising of their diverse cultures and traditions, languages, and institutions”. Spanish alternative-left Podemos MEP Pablo Iglesias criticised Philip VI’s role regarding Catalonia’s push for independence and stated that “the king shouldn’t interfere in issues that have to be democratically solved by the citizens”.  

Spanish Minister of Foreign Affairs and Cooperation José Manuel García-Margallo stated this Wednesday that Catalans would not be able to maintain their Spanish nationality or European citizenship in the case of independence. “Catalan people cannot expect to maintain certain attributes and not others” he insisted. Margallo called the Catalans’ idea some sort of “joke” and cited Latin American countries’ independence from Spain and Algeria’s independence as examples. He made such statement after Spanish Prime Minister, Mariano Rajoy, failed to defend the idea that Catalans will lose Spanish nationality (because the Spanish Constitution allows them to keep it as they are Spanish by origin). Referring to this, Catalan President Artur Mas stated that “Spain’s threats turn against them like a boomerang”.

The Spanish Defence Minister, Pedro Morenés, warned that the army won’t intervene in Catalonia during the 27-S upcoming elections as long as “everybody fulfils their duty”. Morenés said this referring to a possible unilateral declaration of independence, in the event that pro-independence forces win the Catalan elections. In an interview on Spanish National Radio (RNE) he underlined that the army “is an absolutely and perfectly democratic” institution and its members “will strictly obey the law”. The Minister also spoke in support of the application of Article 115 of the Spanish Constitution, which allows the central government to suspend Catalonia’s autonomy if the “rules aren’t adhered to”.

The Catalan Minister for the Presidency, Francesc Homs, has stated that they are "sceptical" about the constitutional reform that the Spanish Prime Minister and leader of the People's Party (PP), Mariano Rajoy, is starting to consider. The Spanish Justice Minister, Rafael Català, said 10 days ago that his department would "study a constitutional reform" which would not make any concession to Catalonia's demands. For the last 3 years, Rajoy and the PP have been unilaterally blocking any attempt to launch a constitutional reform debate. Now, with Catalonia's independence being a distinct possibility if pro-independence parties win the forthcoming 'de facto' referendum scheduled for 27 September, the Spanish Government has started to say it would consider a limited reform, particularly to strengthen its own powers. This Monday, the Catalan President's 'right-hand man', Frances Homs, said that they will not even consider such a constitutional reform if it does not include Catalonia's right to self-determination.