constitution

The judicial battle for the 9^th of November's vote was intensified in the last few hours by Catalan authorities and the Spanish Government. On Thursday evening, the Catalan Parliament's Bureau agreed to challenge 2 of the 12 Constitutional Court members for their closeness to the People's Party (PP), which runs the Spanish Government. They are the Court's President, Francisco Pérez de los Cobos, who was a PP member until 2011, and Pedro José González-Trevijano, who is directly dealing with the Spanish Government's appeal. Moreover, the Spanish Government has announced it will include in its appeals, the election of the members of the Control Commission for consultation votes, which was voted for on Wednesday by the Catalan Parliament and ratified by the Catalan President on Thursday, despite the Court's temporary suspension of the law on which it is based.

On Thursday, the day after the Catalan Parliament elected the members of the electoral body that should control the development of consultation votes in Catalonia, including November’s independence consultation, the President of the Catalan Government, Artur Mas, signed the decree appointing the new members. Mas made this step the day before meeting with parties supporting November’s vote to reach an agreement on the new steps to be taken. Spain’s Constitutional Court temporarily suspended the law and the decree on which November’s vote is based. The suspended law was regulating the creation of this Control Commission but the Catalan Parliament’s legal services argued that its members could be elected, as it did not have a direct effect. With the decree, Mas ratified this election, but included an ambiguous clause regarding its validity.

Based on a report from its legal services, the Catalan Parliament has elected the 7 members of the Control Commission that will supervise the development of the 9^th of November's consultation vote on independence. This decision comes the day after Catalan authorities temporarily suspended the direct preparations for November's self-determination vote following the Constitutional Court’s decision to temporarily suspend the law and the decree on which they are based. However, a majority of the Parliament argue that electing the Control Commission would not be a direct action as it does not have any effect, according to the legal services report and previous sentences from the Constitutional Court. However, parties against November's consultation refused to participate in the Parliament's vote. On top of this, the People's Party (PP), which runs the Spanish Government, threatened to take the MPs who elected the Commission to justice.

People massively and peacefully gathered in front of each town hall in Catalonia on Tuesday evening in order to protest against the decision to suspend the self-determination consultation vote made by the Constitutional Court the day before. Citizen protests have been organised in each of the 947 municipalities in Catalonia, despite the heavy rain in parts of the territory. In Barcelona, for instance, thousands of people carrying umbrellas filled up Sant Jaume Square, where the City Council is located. The demonstrations were organised by the civil society association that were behind the massive rallies of September 2012, 2013 and 2014, the Catalan National Assembly (ANC) and Òmnium Cultural. These grass-roots organisations are not giving up and launched their own campaign for November's vote.

The Catalan Government and Parliament will file allegations against the Constitutional Court's temporary suspension of the Law on Consultation Votes and the decree calling November's self-determination consultation vote. The temporary suspension was approved on Monday evening and entered into force this Tuesday morning. Despite the appeal against the Constitutional Court's action, the Catalan Government has decided to "temporarily" suspend the institutional campaign and direct preparations for the 9^th of November's consultation vote on Catalonia's political future. The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, explained that such a decision was made "to prevent public employees from being backed into a corner", as the Spanish authorities could persecute them.  The left-wing parties clearly supporting independence – ERC and CUP – want to disobey the Court's temporary verdict, but the governing and centre-right CiU as well as the greens and post-communists ICV-EUiA want to continue with the vote's preparations wherever legally possible. In addition, thousands of people are demonstrating in front of Catalonia's town halls against the Constitutional Court's decision.

The Spanish Government held an extraordinary meeting this Monday morning to approve the appeals against the Catalan Law on Consultation Votes and the decree calling the 9^th of November consultation vote. The Spanish PM, Mariano Rajoy, considered the Catalan measures to be "antidemocratic" and "an attempt against the rights of all Spaniards". The appeals were filed at 1:15 pm and, after this, the Constitutional Court announced it was holding an extraordinary meeting at 6:30 pm, instead of waiting until the next regular meeting, scheduled for the 7^th of October. Furthermore, the Spanish Government's main advisory body, the Council of State, gave their recommendation on Sunday evening to file the appeals. Such a recommendation came after the Spanish Government asked for it on Saturday morning, the first time in Spain's democratic history that such a body reacted so quickly. The Catalan Government advised Rajoy and the Constitutional Court to be very careful with their decisions, as they could make "the greatest mistake in Spain's democracy".

The President of the Catalan Government, Artur Mas, has formally called a consultation vote on the 9th of November in order “to find out the [citizen] opinion” about “Catalonia’s political future” to launch “the legal, political and institutional initiative” to negotiate the necessary changes at the Spanish level. The Spanish Government has immediately replied that such a vote “will not take place” and that it will take it to the Constitutional Court, as it had already announced. Mas insisted that the democratic mandate from the last Catalan elections allowed him to organise a self-determination vote. Furthermore, “as all the other nations in the world, Catalonia has the right to decide its own future”, he stressed. The decree was signed on Saturday morning, in a ceremony attended by  all the Catalan Ministers and most of the political leaders supporting November’s vote. In addition, 92% of Catalonia’s municipalities have approved motions backing November’s vote and the law on which the decree is based was approved with 80% parliamentary support.

The person coordinating the Spanish Government's legal strategy and actions against Catalonia's self-determination consultation vote, which are supposed to be launched at any moment, has resigned a few hours after an announcement made by the Spanish Prime Minister, Mariano Rajoy. Spain's PM announced on Tuesday morning that the controversial reform of the Abortion Law, which was the main project of the Justice Minister, Alberto Ruiz-Gallardón, has been put aside because of a lack of "consensus". The announcement was made in the decisive week in which the Catalan Government is expected to call the independence vote and the Spanish Executive is expected to launch its legal actions against it, which have been precisely coordinated by Ruiz-Gallardón. In his resignation speech, the Justice Minister denied any connection with the Catalan situation.

The President of the Catalan Government, Artur Mas, is using his legal prerogatives to control the political tempo regarding the call of the 9^th of November's self-determination consultation vote and therefore the Spanish Government's immediate appeal against it. As if it were a chess play, Mas' tactic seems to follow a strategy based on gathering as much institutional support as possible throughout Catalonia and on disturbing the Spanish Government's already-prepared veto actions. After an 80% of the Catalan Parliament approved on Friday the Law on Consultation Votes (the legal tool to call the independence vote), everybody anticipated that Mas would enter it into force early this week and that he would immediately call the aforementioned vote. However, the Catalan President is using the legal procedures to make the calendar suit his best interests.

A two-third majority of the Catalan parliament has approved a motion supporting the self-determination consultation vote, scheduled on the 9^th of November, which has to take place "with all the possible democratic and participation guarantees". With this resolution, parties have reaffirmed their commitment to carry out this vote, which will very likely be banned by the Spanish authorities in the coming days. The parliamentary text has been approved with the support of 89 MPs of the 133 representatives who voted (since 2 were ill), a 66.9% majority. The resolution has been approved with the votes of the governing centre-right pro-Catalan state coalition CiU (which brings Liberals and Christian-Democrats together), the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the alternative and radical independence party CUP, as well as with 3 votes from rebel MPs of the Catalan Socialist Party (PSC). The rest of the PSC, the People's Party (PP) and Ciutadans (C's) have opposed the motion.

Catalonia's self-government might be suspended in the coming weeks if the Catalan authorities organise the self-determination consultation vote on the 9^th of November, suggested the Spanish Minister for Foreign Affairs, José Manuel García-Margallo. The week after 1.8 million Catalans formed an 11km-long mosaic to support November's non-binding vote, García-Margallo stated that the Spanish Executive will use "all the means at its disposal" to stop such a vote from happening; all the means "within the Law, but using all the Law", he added. A few hours later, before the Spanish Parliament, García-Margallo was asked about this statement, which he confirmed. He also dared to talk about an armed intervention but ruled out the possibility of "putting out the tanks", because "that does not seem to be within the Constitution". Catalonia's autonomy was restored in Autumn 1977 and it was one of the most essential pillars of Spain's democratic transition and of the Constitution approved in December 1978.

The Spanish Government "cannot change its stance", stated Spanish Deputy PM on the day after Catalonia's independence supporters peacefully formed a colossal rally for the 3^rd consecutive year. Furthermore, the Director of Spain's Public Prosecution Office – appointed by the Spanish Government – threatened the Catalan President with "penal" actions if he carries on once the vote has been formally banned. The day before, 1.8 million people formed an 11km-long Catalan flag mosaic demanding to vote on the 9^th of November. "Citizens have the right to demonstrate but governments have an obligation to honour the law", stated the Deputy PM. Using a restrictive interpretation of the Constitution, Madrid has been insisting that it is "illegal" to hold such a vote. Besides, the European Commission refused to provide specific comments on the massive demonstration of European citizens, repeating it is "an internal issue".

The President of the left-wing Catalan independence party ERC, Oriol Junqueras, stated on Tuesday that "the greatest expression of civil disobedience is voting when they prevent you from voting", referring to the ban that the Spanish Constitutional Court is likely to issue on the self-determination consultation vote scheduled on the 9^th of November. Furthermore, Junqueras also stated that he is convinced that the Catalan President will call for the vote and "will put out the ballot boxes". He also added that the ERC could sit at the Catalan Executive if this action were to "fully protect the consultation vote". The Spanish Government is totally opposed to such a vote and has already announced that it will appeal to the Constitutional Court, which has a majority of its members directly appointed by the People's Party (PP). The Court already lost most of its legitimacy in 2010 when it trimmed the Catalan Statute of Autonomy.

Spain's Prime Minister, Mariano Rajoy, told the Executive Board of the governing People's Party(PP) that he has "all the measures ready" to stop the Catalan self-determination vote from happening. However, Rajoy avoided giving details about such measures and disclosing specific plans. The Spanish PM emphasised that his stance on Catalonia's right to self-determination and the organisation of an independence vote has remained unchangeable for the last two years. Rajoy took pride in not having made any concession to the demands coming from Catalonia and not having sat around a negotiation table. In fact, the PP and the Spanish authorities are totally opposed to such a vote, imposing a restrictive interpretation of the Constitution to reject a demand that is shared by some 80% of the Catalan population. Furthermore, Rajoy has also confirmed that the Spanish Government will immediately appeal the Catalan Law on Consultation Votes, despite such a law having not yet been approved.

The President of the Catalan Government, Artur Mas, stated once again that the self-determination consultation vote will take place on the 9^th of November but he also added that "things have to be done in the right way". In front of businesspeople at an event of Barcelona's Chamber of Commerce, Mas stressed that "both things have to come together", meaning voting and doing things right. He underlined that "this means always respecting an existing legal framework". After the controversies on whether the vote should take place if the Constitutional Court bans it, Mas insisted that the call will be based on Catalan legislation and that the Court might not ban it in the end. Besides, he admitted that Catalonia's "freedom" would come with some economic costs, but that those of continuing in the current situation would be much higher. Mas also said that Pujol's scandal "will not affect" him or the Catalan Government.