constitutional amendment

The Spanish Prime Minister, Mariano Rajoy, did not announce any new plan to handle Catalonia’s self-determination claims during the State of the Nation Debate at the Spanish Parliament. On the contrary, Rajoy stiffened his stance on the issue and talked with a stronger tone than usual, saying that he “will not remain indifferent” to the self-determination process. The Spanish PM added he “will fight for Catalans and their progress”, as he will do for “all the Spaniards”. Rajoy repeated once again that Catalonia’s self-determination vote “cannot take place”. He said he is “always open to talk” but “always within the Constitution and the Law”, which are unquestionable red-lines. Two days ago, the European Commission had asked for a “dialogue” without red-lines “to keep Catalonia within Spain”. “Unity is a greater value” than “dialogue”, answered Rajoy. In addition, he pointed out that the Constitution can be modified following the foreseen procedures, although three months ago he completely opposed any modifications.

The Catalan Minister for the Presidency and Spokesperson for the Executive, Francesc Homs, warned that “if a political solution cannot be reached” to keep Catalonia within the EU if it becomes independent from Spain, it would be “the end of Europe as a model for democratic and peaceful integration of the different peoples that form it”. On Monday, in a debate on ‘Catalonia’s political process’ held at the University of Lisbon’s Faculty of Law, Homs highlighted the fact that if EU Treaties had been interpreted “literally”, the financial bailouts for Spain, Portugal, Ireland and Greece would not have been possible. However, in this case, the EU reacted “with common sense” and for “the general interest”. Therefore, “since the EU is a project of peace and democracy, a political solution [for Catalonia] will be found, as the EU has ever done in all situations”, he stated.

33 Catalan judges have signed a manifesto supporting Catalonia’s right to self-determination. The judges emphasise that such a right fits into the current constitutional framework and is in line with international law. Some of the signatories work in provincial High Courts and have been members of the body governing judicial power in Spain (CGPJ). It is the first time that Spanish State civil servants have made such a clear statement supporting the right of the Catalan people to decide freely on their collective future and their relation to Spain. Judicial power in Spain is totally centralised and has a deep centralist tradition. According to these law experts, “Catalonia is a nation”, “without discussion”, and therefore has “full sovereignty to decide on its own future”.

The Catalan Executive, chaired by Artur Mas, has published a 50-page memorandum in reply to the report issued by the Spanish Foreign Affairs Minister, José Manuel García-Margallo, in late December against Catalan independence. Margallo’s document claimed that independence was “immoral” and “not a democratic option”. The 200-page report was distributed to all Spain’s embassies as a list of arguments to be used to lobby against Catalan independence at international level. The memo was written in a condescending tone and included many judgemental opinions, half-truths, partial quotes and even lies. One of them was that Catalonia recovered its self-government institutions thanks to the Constitution, which is false. The Catalan Government has replied with its own memo and has asked the Spanish Foreign Affairs Ministry to distribute it to all the embassies as well.

The Catalan Government’s Spokesperson and Minister for the Presidency, Francesc Homs, has highlighted that the results of a self-determination vote in Catalonia would not be invalidated by a secondary vote held at Spanish level. “This is not about putting the Catalan people’s decision-making capacity in somebody else’s hands”, stated Homs on Friday. The previous day, Homs had proposed to hold such a referendum at Spanish level since he was foreseeing the need to adopt Constitutional changes based on the results of the Catalan self-determination vote. He stated that firstly “the opinion of Catalans” had to be known; secondly, a negotiation based on this vote’s results should be held between Catalan and Spanish authorities; and, thirdly, since it is likely that Constitutional changes will be needed, a referendum at Spanish level should be held.

The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, stated that the opinion of the Catalan citizens, in the first place, had to be known through a consultation vote. After having achieved this and according to its outcome, negotiations between Catalan and Spanish authorities should take place in order to change the current status quo. The results of such negotiations, which would very likely lead to a reform of Spain’s Constitution, would then have to be voted by all Spaniards through a second referendum, according to Homs’ hypothesis. In an interview with the Spanish nationalist radio station COPE, owned by the Spanish Catholic Church, Homs wondered if “an Autonomous Community has the capacity to propose the start of a Constitution reform-process?”

The Spanish Foreign Affairs Minister, José Manuel García-Margallo, said that Spain could “consider” the admission of an independent Scotland within the EU. In a front-page article published this Monday in the Financial Times, Margallo argued that if the Scottish people gained independence through a “legal” process, Spain would not interfere. However, the Minister warned that the Scots would have to “join the waiting line and ask for admission” to enter the EU. The article underlined that “Margallo’s nuanced stance towards Scotland stood in marked contrast to his uncompromising rhetoric on Catalonia”, “two fundamentally different” cases according to him. The President of the Catalan People’s Party – Margallo’s party - reacted to the interview and stated that his words had been misinterpreted: Spain would assess Scotland’s admission but would not approve it.

Two Spanish Ministers have sent two warning messages on the same day. On the one hand, the Spanish Foreign Affairs Minister, José Manuel García-Margallo, announced “a 25% or 30%” of “immediate” loss of wealth for an independent Catalonia “according to several studies”, which have not been mentioned by name. Margallo warned Catalans about the “harmful and lethal consequences” that independence would bring. He also stated that the self-determination process can also cause “an employment loss” since it is hurting Spain’s external image. On the other hand, the Spanish Justice Minister, Alberto Ruíz Gallardón, guaranteed that “Spain has the necessary tools to defend […] the national sovereignty, which is in the hands of its citizens as a whole”. Furthermore, Gallardón emphasised that “Spain is a great nation that is worth living in and loving, and which is worth fighting for”.

The leadership of the Catalan Socialist Party (PSC) has decided to remove the 3 MPs who supported Catalonia’s self-determination from their positions within the party organisation and at the Catalan Parliament. However, the MPS were neither expelled from the party, nor from the parliamentary group. This way, the PSC avoids passing from 20 to 17 MPs and therefore becoming the 4^th largest group at the Catalan Parliament, behind the 19 MPs of the People’s Party. In the last few days, the PSC leadership was insisting that the 3 MPs should quit the Parliament and leave their seat to the next person on the list. But the rebel MPs rejected this idea since, according to them, they represent a share of the voters who elected PSC representatives because they ran in the last elections supporting the organisation of a legal self-determination vote this term.

The Spanish Prime Minister, Mariano Rajoy, stated in a TV interview on Monday evening that he has “a plan” to prevent Catalonia’s self-determination and “guaranteed” that “the independence of any Spanish territory will not happen while [he is] in office”. Rajoy emphasised that his plan’s guidelines are, firstly, “implementing the law”. The Spanish PM said he is “ready for any scenario that might happen”, but refused to disclose any measure. Secondly, he would be “working on increasing the bonds that have always united the whole Catalan people and the people living in Catalonia that are not born in Catalonia with the whole Spanish people”. Thirdly, “working to solve the problems of the Spanish and Catalan economies”, as well as the funding of the Catalan Government. However, Rajoy stated he “will not call” the Catalan President, Artur Mas, despite the offers to talk.

The Spanish Prime Minister, Mariano Rajoy also said that an independent Scotland would be “out of the European Union, the United Nations and all the applicable international treaties for being part of the UK”. Regarding the Catalan Parliament’s bill to formally request the transfer of the powers to organise referendums to the Catalan Executive, based on Article 150.2 of the Constitution, Rajoy has categorically rejected the idea. He stated that his stance on Catalonia’s self-determination “is clear” and “does not include nuances”. In addition, Rajoy said that he is “always open to dialogue” but that “it is impossible to talk” with Catalonia because of “a continuous process of unilateral decisions”. Furthermore, the Deputy Prime Minister insisted that a self-determination vote “cannot take place” and “goes against the Constitution”.

The Mayor of Lleida, Angel Ros, announced he was quitting the Catalan Parliament since he rejects voting against self-determination on Thursday, as imposed by the leadership of the Catalan Socialist Party (PSC). 4 other MPs might break from the party lines as well and a 6^th one - who had expressed serious doubts - finally announced he would follow the leadership instructions. They represent 30% of the PSC MPs, so their ‘rebellion’ is far from being an anecdote. In fact, the party leadership warned them they might even end up being expelled if they were breaking the ranks on this crucial vote. On Thursday, the Catalan Parliament will vote on an initiative asking the Spanish Parliament to transfer the powers to organise a referendum to the Catalan Government, following Article 150.2 of the Spanish Constitution. This formula – similar to the one used in Scotland – would enable the organisation of a legal self-determination referendum in Catalonia, something the PSC explicitly promised in the last elections but is now rejecting.

The People’s Party (PP), which runs the Spanish Government and holds an absolute majority in the Parliament and Senate, closed the door on launching a broad debate on Spain’s territorial organisation and on reforming the Constitution accordingly. The objective of this reform would be to keep Catalonia within Spain by answering some of the Catalan claims and working towards an improved relationship. “We are not willing to open debates that divide the Spaniards”, stated Alfonso Alonso, the PP Spokesperson at the Spanish Parliament. The Secretary General of the Spanish Socialist Party (PSOE), Alfredo Pérez Rubalcaba, had sent a letter to the President of the Spanish Parliament, asking him to create “a body” to debate on a broad territorial reform.

The Secretary General of the Spanish Socialist Party (PSOE), Alfredo Pérez Rubalcaba, sent a letter to the President of the Spanish Parliament, Jesús Posada, asking him to create “a parliamentary body to talk about the renovation of the territorial model”. This was one of the conclusions of last week’s meeting between Rubalcaba and the Catalan Socialist Party (PSC), which is part of the PSOE. The final objective is to push for a broad Constitutional reform to create a true federal Spain and better fit Catalonia, providing an alternative from the current status quo or independence. However, the initiative faces a negative answer from the People’s Party (PP), which runs the Spanish Government and holds an absolute majority in the Parliament and Senate.

“There is only one reform of the Constitution and it the one we have already agreed on”, stated the Secretary General of the Spanish Socialist Party (PSOE), Alfredo Pérez Rubalcaba, in response to the Catalan Socialists’ proposal to approve a “singular redefinition” of Catalonia’s “fitting” within Spain. Rubalcaba said that the Catalan Socialist Party (PSC) – which is member of the PSOE – had not sent him any proposal on this issue. “They should explain it to me. I do not know anything about it”, he said when he was asked about the PSC’s proposal. In an exclusive interview with the CNA, the PSC’s Spokesperson at the Catalan Parliament, Maurici Lucena, explained that a temporary measure should be adopted urgently to better fit Catalonia within Spain while waiting for a global reform of the Spanish Constitution, a lengthy process that can take years.