constitution

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.

The Spanish Socialist Party (PSOE) closed the door Monday on supporting a hypothetical specific economic agreement between Catalonia and Spain, similar to the specific fiscal pact already in existence for the Basque Country, which would recognise Catalonia’s “specificities”, strengthen its self-rule and better fund its institutions, public services and infrastructure. However, the PSOE did urge the Spanish Government “to update” the current inter-territorial fiscal scheme in order to improve the funding of Autonomous Communities such as Catalonia, calling for “a fairer and more equitable model”. A majority of Catalan society has been asking for such a fiscal agreement for many years, which would help reduce the chronic fiscal deficit while keeping solidarity with poorer regions.

The Spanish Minister of Justice, Rafael Català, proposed this week "to study a constitutional reform" that is very far from making any concession to Catalan claims and meet them halfway. In fact, it seems that the Spanish Government's real intentions are to consolidate the recentralisation of powers and cultural homogenisation undertaken in the last few years that have trimmed Catalonia's self-rule and attacked Catalan culture and language. The Spanish Justice Minister stated this week that he is ready to discuss a limited reform of Spain's Constitution that would not affect its core aspects – such as Spain's territorial model – and which would apparently only address secondary matters, such as the prevalence of men over women in the Crown's succession or the definition of the Spanish Government's exclusive powers. However, the aim is to put an end to the decentralisation trend that started in the late 1970s and early 1980s.

The President of the Catalan Government, Artur Mas, has stated that the independence process will be officially launched if pro-independence parties obtain an absolute majority of the MPs elected in the forthcoming Catalan Parliament elections, to be transformed into a ‘de facto’ plebiscite on independence from Spain. Mas emphasised that during the last 3 years, Catalan parties have been trying to organise a legal and mutually-agreed vote but that the Spanish Government has not wanted to talk even about it, despite more than 1.5 million citizens demonstrating each year on the streets and the results of the previous Catalan elections of November 2012. However, Mas stated he would still “exchange the forthcoming elections for a mutually-agreed referendum”, but highlighted that the Spanish Government has only left the transformation of regular elections into a plebiscite for Catalans to freely and democratically vote on their future as a country, an option that Mas already identified as the last resort in 2013. Therefore, according to him, “in elections, MPs are counted”, “if we were having a referendum we would be counting votes, but this is not the case”, he stressed.

The Spanish Prime Minister, Mariano Rajoy, has stated that Catalonia's upcoming elections are Spain's "main risk" to the State itself and to the country’s economic recovery. Rajoy read a speech before the press before departing for his summer break, and Catalonia's independence was one of the main issues he talked about. The Spanish PM stressed that the government he heads "will never allow secession to happen"; "by no means will there be independence", he emphasised. He also stressed that the Spanish Government is ready "to fight the battle of defending the many millions of citizens who feel Catalan, Spanish and European". Rajoy said he is satisfied with the strategy he has been employing during the last few years, based on a total rejection of even talking about the organisation of a mutually-agreed vote like the one that took place in Scotland. According to him, his approach was "cautious and proportional". "We have not made any concession", he added, "nothing". According to him, any Spanish PM would have acted in the same way, as "it is not easy to hold a dialogue with somebody who wants to organise a referendum".

On Friday, the Catalan Green-Socialist party ICV and alternative left-wing Podem (Catalan branch of the Spanish party Podemos), reached an agreement to run together in the Spanish elections, after already having agreed a few days ago to run together in the next Catalan elections (scheduled for 27 September). The Spanish elections have not been called yet, but are expected to be held later this year, according to Barcelona-based newspaper 'El Periódico' and sources from the two political parties. In late June, the leaders of ICV, Joan Herrera, and Podemos, Pablo Iglesias, already announced that the two parties intended to participate as a coalition in both the Catalan and Spanish elections. They are to run in both ballots under the name 'Catalunya Sí que es pot' (in English, 'Catalonia yes we can'), adding the word 'Podem' at the beginning of the name for the Spanish elections.

The leadership of the Christian-Democrat party UDC supports Catalonia's self-determination but it is against full independence; it supports the creation of a Catalan State with greater powers than it currently has while remaining within Spain, which should embrace its plurinational nature and become a confederal country. However, an important part of UDC's base does support independence and has been trying to force an open debate and consultation on it within the party, in order to set the official party stance on this issue. Currently, the leadership's vision represents UDC's traditional stance on this issue, but the party does not have an official stance on independence yet. This situation has provoked tensions within the small party but also with their allies for the last three-and-a-half decades, the Liberal party CDC, which is the largest force within the two-party coalition CiU that currently runs the Catalan Government. UDC announced an internal consultation on 14 June to fix the party's definitive stance on this debate. However, the leadership has presented a question that avoids independence; a formulation that has created quite some controversy among UDC members.

The Catalan Government has approved its 'Strategic Plan for the External Action 2015-2018', which foresees the opening of additional delegations abroad. The Spokesperson for the Catalan Executive and Minister for the Presidency, Francesc Homs, who is in charge of External Relations, announced that some of these delegations may be opened in the coming weeks. Homs admitted that the Spanish Government may appeal against the new delegations and the plan, as it did with the delegations in Rome and Vienna, and the External Action Law. The Law was approved last November but was already foreseen in the Catalan Statute of Autonomy from 2006. In addition, Catalonia's own external action was validated by the Spanish Constitutional Court in 2010. With the independence debate on the table, the Spanish Government is insisting on reducing the number of delegations and controlling their activities.

The Spanish Ministry of Education has filed an appeal to the Supreme Court of Catalonia (TSJC) to cancel the already-sent enrolment applications for the next school year in order to include the option of choosing Spanish as the language of tuition. Five parties representing 80% of the Catalan Parliament have strongly protested against this "new attack" on a school model that guarantees that pupils master both Spanish and Catalan and has many flexibility measures for newcomers. The model is also backed by an extremely broad majority of Catalan society and only a few dozen families, out of the 1.55 million pupils in Catalonia, had requested education in Spanish. Linguistic immersion in Catalan ensures knowledge of the language by children who are not regularly exposed to it, while the model also ensures knowledge of Spanish. Therefore, equal opportunities and complete bilingualism are ensured. However, the model has been the target of Spanish nationalists for a long time.

The Spanish Prime Minister, Mariano Rajoy, has not ruled out the possibility of holding the Spanish General Elections – which should normally be held in late November or early December – at the same time as the Catalan Elections, which are to take place on 27 September. The Catalan Elections are to be transformed into a 'de facto' plebiscite on independence and have been called a year early, as the only option left in order to hold a self-determination vote, after Rajoy's total opposition to any such vote and his failing to even talk about it. During the last few weeks, the possibility of Rajoy calling the Spanish Elections early in order to ensure that they coincide with the Catalan vote (with the aim of partially neutralising the plebiscite effect) has been widely discussed. However, Rajoy also said that he would like to hold them "at the end of the year".

The governments of Catalonia, the Basque Country, Andalusia, the Canary Islands and Asturias, which are the only Autonomous Communities that are not run by the governing People's Party (PP), have protested once again against yet another recentralising measure of the Spanish Executive that violates their exclusive powers on Education. The representatives of these 5 Autonomous Communities, which together represent almost 50% of Spain's population, left a meeting organised by the Spanish Minister for Education, José Ignacio Wert, held to present a new centralist and imposed measure in this field: from now on, the final exams of the obligatory education cycle and the baccalaureate (A-levels) will be drafted by the Spanish Government, which will make sure they are "homogenous" for the whole of Spain, as Wert said. Far from being anecdotal, the measure means subjects such as History of Catalonia, Catalan Geography and Catalan Language and Literature will not be included in the exams or will be treated as second-class subjects. 

As was expected, the Constitutional Court has accepted the Spanish Government's appeal against the Catalan Law on External Action and Relations with the EU, which was approved last November and was already foreseen in the 2006 Catalan Statute of Autonomy. The Court's acceptance of a Spanish Government appeal automatically represents a temporary suspension of the legal measure for an initial 5-month period. The temporary suspension does not mean that the law will ultimately be suspended, but that there are enough reasons to study whether the Catalan law fits within the Constitution or not. According to the Spanish PM Mariano Rajoy, the law goes beyond the Catalan Government's attributions and invades the Spanish Executive's exclusive powers regarding international relations and the direction of Spain's external policy.

The People's Party (PP), which runs the Spanish Government and holds an absolute majority in the regional parliament of the Valencian Community (also called Valencian Country), has approved the Law on Identity Signs with votes from party members only. The Law entered into force this Friday. The new regional rule sets what are Valencia's identity symbols and traditions, and also insists on defining Valencian as a totally different language from Catalan, going against all scientific studies and experts. It also foresees sanctions for any organisation which states that Valencian is a dialect of Catalan. During the last few decades, Valencian regionalist politicians – most of whom have a strong Spanish nationalist ideology – have been working on differentiating the Valencian dialect from Catalan spoken in the rest of the territories that have Catalan as their native language. The PP has strongly contributed to this split, politicising the unity of Catalan language and also splitting Valencian society over identity issues.

Mas, Junqueras and the three main civil society organisations in Catalonia have signed a roadmap stating that following a victory of the ‘Yes’ parties in the next Catalan election, a new Constitution will be drafted and then voted on in a binding referendum. If Catalans vote ‘Yes’ to the proposed Constitution, independence will be declared no later than 2017.

The political parties and the main civil society organisations that support Catalonia's independence from Spain have agreed that the Catalan Parliament will issue a formal declaration to start building a new state and launch a constituent process, which would be put to a citizen vote at a later stage, if they obtain a parliamentary majority in the September elections. They have been holding a series of talks over the past few weeks in order to agree on a road map that sets out the steps to follow in case pro-independence parties obtain an absolute majority in the next Catalan Parliament elections. These elections have been called early and are being presented as a 'de facto' referendum on independence by the parties supporting this option, since they are the only way to hold a legal vote on this issue after years of the Spanish Government's unilateral blocking attitude.