constitution

Before meeting with the Spanish Prime Minister, Mariano Rajoy, the President of the Catalan Government and leader of the Centre-Right pro-Catalan State Coalition CiU, Artur Mas, contacted the other parties that agreed to organise a self-determination vote on the 9^th of November in order to explain to them how he envisages the talks that will take place in Madrid. Mas guaranteed them that they would be consulted on any possible change regarding the question wording or the date on which the vote would be held so that a consenus could be reached between them. Yesterday, and on several other occasions, the Catalan President stressed that he is open to negotiate with Rajoy about alternative questions and dates for the self-determination referendum. However, what is non- negotiable for Mas, and the majority of Catalan parties, is that Catalans have to vote very soon on their own political future and on their relationship with Spain.

The Prime Minister of Spain, Mariano Rajoy, agrees to meet with the President of the Catalan Government, Artur Mas, who sent an official request last week, before the end of July. However, the Spanish PM wants to hold "a public meeting" and not "a discrete" talk, as the Catalan President suggested. Over the past few weeks, both Rajoy and Mas have been insisting they were willing to talk to each other but neither one of them was taking the formal steps to arrange a meeting. The last official meeting between the two of them was held a year ago, without taking into account the moments the two of them have coincided at the same event and have exchanged protocol words. Furthermore, before meeting with Mas, Rajoy received on Monday representatives from the pro-Spanish unity NGO Societat Civil Catalana, founded a few months ago. In all those years, Rajoy has not officially met with the grass-roots organisations organising the massive independence demonstrations in Catalonia.

Madrid-born Pedro Sánchez won the primaries of the Spanish Socialist Party (PSOE) with 48% of the votes and will be elected the party's new Secretary General, replacing Alfredo Pérez Rubalcaba. Meanwhile, Miquel Iceta received 85% of the votes and will replace Pere Navarro as the new Secretary General of the Catalan Socialist Party (PSC), being the only candidate in these primaries. Both of them share the previous leaderships' views on Catalonia's self-determination process: they oppose independence and November's consultation vote. Both the PSOE and the PSC held elections on Sunday but the primaries' winners will be officially elected by the emergency party congresses to be held over the next two weekends. Sánchez defeated Eduardo Madina (36%) and José Antonio Pérez Tápias (15%), who was the only candidate fully supporting Catalonia's self-determination vote and shaping Spain as a pluri-national state.

The Secretary General of the People’s Party, Maria Dolores de Cospedal, said that it is not “in any way” possible to reform the constitution to ease the demands of Catalonia, which is pushing for a referendum on independence from Spain. She also warned that the role of the new king, Felipe VI, is to protect Spanish unity. “The monarch’s mission is to ensure that national sovereignty is respected and to check that the unity of Spain is not put at risk”, she said during an event in Madrid.

Catalan parties welcomed the new King in a cold manner, and some were even directly absent from the coronation and participated instead in events in favour of a republican regime. However, after a few days of uncertainty, the President of the Catalan Government and leader of the Centre-Right pro-Catalan State CiU, Artur Mas, attended the ceremony in Madrid. Despite the fact that CiU did not give its explicit support to the King's succession, the CiU representatives were all present at the ceremony, although without showing enthusiasm. In addition, Mas insisted that he continues with his "wait and see" attitude, as the King's speech "did not offer anything new". Meanwhile, representatives from the Left-Wing Catalan Independence Party (ERC) did not attend the ceremonies, neither did representatives from the Catalan Green Socialist Coalition (ICV-EUiA), who participated in a small pro-republic demonstration in Barcelona at the exact same time the new King was swearing the Constitution.

The new King of Spain, Felipe VI, highlighted the unity of the country but also its diversity in his first speech as monarch. In a ceremony before the Spanish Parliament and Senate on Thursday morning, Felipe VI gave a speech portraying the guidelines of his reign, just after swearing loyalty to the Constitution, including the Autonomous Communities, as he stressed. He defined himself as "a Constitutional King", who is "the symbol" of "the unity and permanence of Spain". However, he also highlighted that "unity does not mean uniformity" and he pointed out that the Constitution asks "to respect and protect" the different languages in Spain, which are "a shared heritage" and "bridges for dialogue". Despite praising "diversity", Felipe VI delivered his speech entirely in Spanish, despite a small final greeting in Catalan, Basque and Galician. In addition, he defined Spain as "a great nation" to be "proud of", without mentioning Spain's pluri-national status.

King Juan Carlos' succession process is not explicitly backed by the Centre-Right pro-Catalan State Coalition Convergència i Unió (CiU), which played a crucial role in Spain's Transition from dictatorship to democracy and guaranteed on many occasions Spain's stability. However, this time, the CiU has decided to abstain in the vote on the Law on Juan Carlos' abdication, as it was announced last week. The CiU accused Spain's two largest parties – the governing People's Party (PP) and the Spanish Socialist Party (PSOE) – of having excluded them from this and previous processes. The bill was approved on Wednesday by 85% of the Spanish Parliament, but only with the votes from the PP, the PSOE and the Spanish nationalist and populist UPyD. The Catalan and Basque conservative nationalists have abstained, while the left-wing Catalan parties have voted against it. The CiU was an essential part of the consensus of the 1978 Constitution, which once again proves to be broken.

The Centre-Right pro-Catalan State Coalition, Convergència i Unió (CiU), which runs the Catalan Government and was an essential part of Spain's Transition from dictatorship to democracy, will not vote in favour of the law regulating the King's abdication. The CiU, which has played a crucial role in Spanish politics, has decided to abstain in the Spanish Parliament's vote, in line with its support of Catalonia's self-determination process. All other Catalan parties are expected to oppose the succession process, with the exception of the Catalan socialist Party (PSC) –part of the Spanish Socialist Party (PSOE) – and the Catalan branch of the People's Party (PP). In his first speech after his father's abdication announcement, the soon-to-be Felipe VI promised "to serve […] our beloved Spain", "a nation, a political and social community, united, diverse, which deepens its root in a millenary history".

Catalan parties, business associations and other institutions have reacted  to the abdication of King Juan Carlos announced this Monday morning. All the left-wing parties except the Catalan Socialist Party (PSC) – which is part of the Spanish Socialist Party (PSOE) – have called for a referendum on the monarchy's continuity and the instauration of a Republic. In fact, a series of demonstrations were held in several Catalan cities demanding a new Republic. The other widespread reaction came from those not questioning the monarchy, although all of them ask for a "modern King." Instead, most of them ask Crown Prince Felipe to be sensitive to the Catalans' will to self-determination and they expect he will act as a mediator to enable a negotiated way out to the current political conflict.

On Thursday and Friday, several messages were sent from business circles and the Spanish Socialist Party (PSOE) aiming to negotiate a Constitutional Reform to find a better accommodation of Catalonia within Spain. However, on Friday afternoon, the Spanish Government once again closed the door to such a Constitutional Reform saying there was "no consensus". In the morning, Spain's largest business owners association stated that "laws are not immortal" and "can be changed to adapt to reality". The day before, the President of the Cercle d'Economia business lobby said he supported "a legal" consultation vote "agreed with Spain", but asked the Catalan President "to give dialogue a second chance" and reform the Constitution if necessary. On Friday, the Secretary General of the PSOE stated that such a Constitutional Reform should be negotiated among the governing People's Party (PP), the PSOE and Catalonia. However, it would not recognise Catalonia's right to self-determination. The CiU's 'number 2' replied that the Spanish Government rejects talks. 

The Catalan High Court has confirmed its previous decision to oblige 5 schools to teach "at least 25%" of their mandatory subjects in Spanish if the family of a single pupil asks for it, regardless of the opinion of the other children's families. The measure should be adopted "immediately", but the Catalan Government announced that it will lodge another appeal. Two months ago, the affected schools and the Catalan Executive had already appealed a decision that interpreted a previous judgement from the Spanish Supreme Court on the complaint presented by a dozen families from Catalonia. The measure represents a threat to the knowledge of Catalan language by all Catalan children, as well as a threat to true bilingualism, equal opportunities and social cohesion. The current model follows these principles as children totally master both languages, Spanish and Catalan. In addition, the court decision is a threat against separation of powers and Catalonia's self-government.

The President of the Catalan Government, Artur Mas, has insisted that he will call for the consultation vote on Catalonia's independence, despite the Spanish Government's obstructive attitude. Mas was answering Prime Minister Mariano Rajoy, who asked him to give up on his referendum plans in order to start talking. For the Catalan President, this is not an offer to talk but "an imposition". Mas insists that the reason for not allowing Catalans to vote is not legal, since several legal ways have been identified to organise such a vote, but a lack of political will from the Spanish authorities. The Catalan President sent a clear message to the European Union: "the dynamics of states cannot drown the dynamics of peoples". He emphasised that the democratic will of the Catalan people has to be taken into account by the EU. Furthermore he praised Catalonia for being an example of "integrating people with very diverse origins […] without falling into populist and xenophobic movements", which "have been emerging in Europe lately".

On Tuesday evening the Spanish Parliament rejected a motion to transfer to the Catalan Government the power to organise a specific non-binding self-determination referendum, using Article 150.2 of the Constitution. 86% of all Spanish MPs rejected a motion presented by the Catalan Parliament to this effect, which was backed by some two-thirds of Barcelona’s Chamber. The Spanish Prime Minister Mariano Rajoy rejected the petition using his own interpretation of the Constitution, stating that Catalans could not possibly hold a vote on this issue within the current legal framework and therefore he could not authorise it. However, he pointed out that the Constitution could be reformed, although at the same time he has been blocking this way in recent years and has refused to talk about it. The Catalan representatives argued that allowing a self-determination vote was only a matter of political will.

The Catalan Parliament is formally requesting the Spanish authorities to transfer the power to organise referendums to the Catalan Government, using Article 150.2 of the Constitution in order to organise an agreed self-determination vote in Catalonia. The Spanish Parliament, where the governing People's Party (PP) holds an absolute majority, will reject the petition on Tuesday, closing the door to one of the current legal paths to hold such a vote. Prime Minister Mariano Rajoy (PP) and the leader of the Spanish Socialist Party (PSOE), Alfredo Pérez Rubalcaba, are expected to unite to reject the petition, which is backed by almost two thirds of the Catalan Parliament and some 75% of the Catalan population. Three Catalan MPs will emphasise that authorising a self-determination vote is not a legal problem but a matter of political will. However, Rajoy will insist on the "indissoluble unity of the Spanish nation" and is likely forget that Spain is "formed by nationalities and regions", as stated in the Constitution.

The legal services of the Catalan Government have issued a report analysing last week's Constitutional Court judgement on the Catalan Parliament's Declaration of Sovereignty. The Constitutional Court rejected the idea that Catalonia was a "sovereign political and legal entity", but at the same time it recognised that "Catalan citizens' right to decide" fits into the Constitution. The Court rejected "the right to self-determination" but it recognised self-determination as a legitimate and therefore constitutional "political aspiration". On top of this, the Court urged the political powers to talk and find agreements, and it pointed out that all the parts of the current Constitution can be reformed. As far as the Catalan Government is concerned, the Court is backing a vote to find out the opinion of Catalan citizens as long as it is only a consultation and not a binding self-determination referendum.