constitution

The left-wing Catalan independence party ERC, which has shared a parliamentary stability agreement with the governing centre-right pro-Catalan State coalition CiU for the last 2 years, is pushing to begin a new political period. The ERC’s leader, Oriol Junqueras, met on Thursday with the President of the Catalan Government and CiU’s leader, Artur Mas, and confirmed to him that they will not back the new budget for 2015. The evening before, Junqueras had presented his road map for the next few months. The ERC wants early elections now, which would become “constituent elections” if a majority of pro-independence parties were to win. Furthermore, the ERC prefers to run alone, not in a shared electoral list. If Catalans voted for a majority of pro-independence parties, the new Parliament would start building the new state’s basic structures and drafting a Constitution, which would have to be later ratified through a binding referendum.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

The day after 2.3 million citizens gave their opinion on Catalonia's independence, the reactions of Spanish and Catalan parties did not bring great surprises. The PP, which runs the Spanish Government, considered the vote "illegal" and announced potential legal actions. In addition, they stated that "a silent majority" did not vote. The Spanish and Catalan Socialist parties (PSOE and PSC) insisted on a Constitutional Reform and rejected an independence referendum. Populist party Ciutadans (C's) asked for early elections, while Spanish nationalist UPyD wanted Catalonia's autonomy to be suspended. Parties supporting self-determination praised Sunday's vote. The governing centre-right pro-Catalan State coalition CiU wants to explore negotiations, although Liberal CDC is sceptical about the results. The left-wing independence party ERC and the alternative left and radical independence CUP rejected negotiations with Madrid. The green socialist and post-communist coalition ICV-EUiA asked for a binding referendum.

On Sunday, Catalans are being called to give their opinion about independence in a participatory process, organised by the Catalan Government in cooperation with more than 40,000 volunteers and many town halls, which replaces the original consultation vote also scheduled for the 9^th of November. The Spanish Government appealed against the first vote, the Constitutional Court suspended it, the Catalan Government launched an alternative process and the Spanish Government filed a new appeal, accepted by the Constitutional Court. However, this time the non-binding participatory has been maintained with a wide consensus among Catalan institutions a wide representation from the civil society. These are the three last steps of an intense self-determination process, which started with the approval and trimming of the Catalan Statute of Autonomy and was shaped by four massive demonstrations and a series of "no" and threats by the Spanish authorities. Here is a summary of the main milestones of this process before the massive pro-independence demonstration of 2012.

The Constitutional Court rejects calling an urgent meeting to debate the appeal that the Catalan Government filed on Friday against the suspension of Sunday's participatory process, in which it asked the Court for further clarifications about the suspension's exact scope. A month ago, the Court organised an urgent and non-scheduled meeting that took place only 5 hours after the Spanish Government filed its appeal against November 9's consultation vote. However, on this occasion, when the vote is supposed to take place in less than 48 hours and not in 5 weeks time, the Court will not organise an urgent and non-scheduled meeting. In fact, the Court will follow its previously agreed calendar and will meet in 2 weeks time.

The Spanish Supreme Court has decided to reject the Catalan Government's complaint, filed on Tuesday, against the Spanish Government's appeal of the citizen participation process on independence, scheduled for the 9^th of November. Therefore, the Constitutional Court's temporary suspension of such a non-binding consultation is still valid. The Catalan Government considered that the appeal filed by the Spanish Prime Minister, Mariano Rajoy, went against Catalans' fundamental rights, such as the freedom of expression, the freedom of ideology and the right to political participation. However, the Supreme Court's Administrative Law Division decided on Thursday not to accept the Catalan Government's complaint and stated that it should have been filed to the Constitutional Court. The Catalan Government used the Supreme Court path because it was the only possible way to cancel the suspension before Sunday.

The President of the Catalan Government, Artur Mas, announced on Wednesday that next Monday he will send a letter to the Spanish Prime Minister, Mariano Rajoy, to assess November 9's participatory process and to offer a negotiation for organising a definitive referendum on independence. Mas made such an announcement the day after the Constitutional Court suspended November 9's vote and after the Catalan Government confirmed that the participatory process will still take place on Sunday. The Catalan President emphasised that November 9's vote "is not a referendum to declare independence" and he said that those making these declarations "are lying". Mas emphasised he has respected the suspension of the original consultation vote, launching a citizen participation process instead. "If such a process cannot be carried out in a normal way, then Spanish citizens should think about Spain's democratic quality", he concluded.

On Tuesday, Spain’s Constitutional Court accepted to take into consideration the Spanish Government’s appeal against Catalonia’s participatory process about independence, which has been organised by the Catalan Executive as an alternative to the original consultation vote that was banned by the Spanish authorities five weeks ago. The Constitutional Court has unanimously accepted the Spanish Prime Minister’s new appeal, which brings the automatic and temporary suspension of the object appealed against until a definitive decision is reached. However, the Catalan Government emphasised that the participatory process is still in place, since it is different to the original consultation vote. In addition, it will file a complaint to the Supreme Court against the Spanish Government for not respecting Catalans’ basic rights and freedoms.

The President of the Catalan Government, Artur Mas, reacted on Friday evening to the Spanish Executive's appeal against November 9's alternative consultation vote on independence. Mas guaranteed that the vote will take place because "it cannot be stopped" as it is run by volunteers. In addition, he has accused the Spanish Government of "abuse of power and abuse of legal process", since "it is using the Constitutional Court to solve its problems" and is using "the appeal to hide its lack of political capacity". Furthermore, he emphasised that the Spanish Executive had at first been "downplaying" and "mocking about" the alternative vote, but "two weeks later" it considers it to be a great threat to democracy and it appeals against it. By doing this, the Spanish Government "has crossed the line of becoming ridiculous", he added.

Early afternoon on Friday, the Spanish Government filed the appeal to the Constitutional Court against the alternative participatory process that the Catalan Government is organising for the 9^th of November. According to the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, the appeal's objective is to avoid "an abuse of the legal framework" and "to protect democracy" from the "perversion" represented by the Catalan participatory process. In addition, the appeal also aims "to protect civil servants", emphasised the Deputy PM. Furthermore, she considered that the President of the Catalan Government, Artur Mas, "is taking another step outside of the Constitution" and that he "wants to violate the rights of citizens". This time, the Constitutional Court has not rushed to accept the Spanish Government's appeal, as it did on the 29^th of September, and it is likely to do so on Tuesday 4^th of November, in its next scheduled plenary. If the Court accepts the appeal, as it is expected, the participatory process would be automatically suspended, awaiting the final decision, which can take months or years.

On Thursday, the Spanish Government’s main advisory body – the State Council – has issued a non-binding report upon the request of Prime Minister Mariano Rajoy against the alternative consultation vote that the Catalan Executive is organising for November 9. This body has unanimously recommended taking Catalonia’s participatory process to the Constitutional Court and requesting its suspension. Now, Rajoy has the green light to make such a step on Friday, only 9 days before the vote is supposed to happen. Meanwhile in Catalonia, all the parties supporting the self-determination process are insisting on continuing to work for high citizen participation on the 9^th of November. Furthermore, on Wednesday evening, they started campaigning and the Catalan Government launched the website to inform citizens about their exact voting place. Besides, those against independence in Catalonia are divided between those asking Rajoy to be smart and not to appeal, and those asking him to stop the vote.

The international rating agency Moody’s analyses the current political situation in Catalonia regarding the alternative consultation vote scheduled for the 9^th of November and the potential early elections. Moody’s considers that early Catalan Parliament elections are the most likely scenario, emphasising the Catalan Government’s commitment to respect the legal framework. In addition, it also considers “a common platform” with which pro-independence parties would run in the elections to be the most likely outcome. On top of this, Moody’s predicts the victory of such a common platform and that Catalonia would be in a “strong” position to negotiate a better fiscal deal within the current Constitution. However, in such scenario, Moody’s does not consider independence. In this vein, Catalonia’s credit rating is likely to improve while Spain’s would worsen.

Parties supporting the self-determination vote scheduled for the 9^th of November have met on Monday in Barcelona to discuss whether to carry on the consultation vote as is currently planned or to launch an alternative, in view of the total opposition from the Spanish authorities. According to two parties present at the meeting, the Catalan Government has ruled out the organisation of the consultation as it has been proposed by the decree that has been temporarily suspended by the Constitutional Court. Instead, the Catalan Government has proposed organising a “participatory process” on the same day, using the legislation that has not been suspended by the Spanish authorities. This alternative will be disclosed on Tuesday morning by the Catalan President, Artur Mas. The Spanish Government has already said it will also appeal against such an alternative. The left-wing Catalan independence party ERC has announced it will not back such an alternative and proposes a unilateral declaration of independence.

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) will have to decide whether it suspends Santiago Vidal, judge of Barcelona’s High Court, for having worked in his free time on the drafting of a proposal for a future Catalan constitution in the event of independence, together with other law experts. The CGPJ judge in charge of investigating other judges, Antonio Jesús Fonseca-Herrero, recommended Vidal’s temporary suspension for “infidelity to the Constitution” of Spain. On Friday, the Catalan judge defended his freedom of expression and argued that this activity did not affect his work as he was doing it during his free time. The CGPJ decided to investigate Vidal, despite not having done the same with judges participating in activities of the People’s Party political think tank, for instance.

The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, stated that between the 13^th and 15^th of October , a decision must be reached on whether or not the self-determination consultation vote can take place on the 9^th of November. Considering that Catalan authorities want to hold such a vote with enough democratic guarantees and that the Constitutional Court has temporarily suspended its direct preparations, Homs argued that there is a deadline for the possibility of restarting direct preparations, since "they cannot start on the 7^th or 8^th of November". Therefore, according to the Catalan Government, if the Constitutional Court lifts the temporary suspension before mid-next week, they will still have enough time to put everything in place in order to hold the 9^th of November's self-determination vote. However, 1 of the 7 members of the vote's Control Commission did not think the same and announced his resignation on Sunday evening.