constitutional court

The Spanish Ministry of Education has released the decree proposal stating that the Catalan Government has the obligation to provide alternatives to families who request their children to be taught in Spanish in public schools, where Catalan is the first language of instruction and Spanish is mostly taught as a subject. Furthermore, Catalonia and all other Autonomous Communities with two official languages will have “to fully assume” the costs of these children’s education in privately-owned schools using Spanish as the language of instruction if the families do not find the appropriate public alternative. The money will be deducted from the Autonomous Communities’ funding scheme if they do not cooperate. However, the decree does not work the other way round in regions such as Valencia, where families are having problems to school their children in Catalan (co-official there).

Catalan parties have filed several motions requesting the Spanish Prime Minister Mariano Rajoy to make a move regarding Catalonia’s self-determination and abandon his frontal opposition attitude. “React now before it’s too late”, the Spokesperson of the Centre-Right Catalan Nationalist Coalition (CiU), which runs the Catalan Government told Rajoy. The Left-Wing Catalan Independence Party (ERC) was asking the Spanish Government to negotiate the terms for holding a self-determination referendum in Catalonia. The Catalan Green Socialist and Post-Communist Coalition (ICV-EUiA) was asking Rajoy to transfer the powers to organise referendums to the Catalan Government, using Article 150.2 of the Constitution. Meanwhile, the Spanish and Catalan Socialists are proposing a revision of Spain’s territorial model. Rajoy rejected all the motions.

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.

The Spanish Supreme Court has ruled against the Catalan school model again. The model, which is based on the linguistic immersion principle, has been in place since the mid-1980s and totally guarantees the pupils’ knowledge of both Spanish and Catalan at the end of their schooling period. On Monday the Court rejected an appeal lodged last year by the Catalan Government against a previous judgement that obliged a school to go against Catalonia’s Education Law and teach the entire class in Spanish following a single request from a little girl’s family, irrespective of the opinion of the other pupils’ families. This is another episode in a long series of judicial rulings, appeals and judgements against Catalonia’s school model and the Catalan language since 2010. Spanish nationalists, particularly Madrid-based media and the People’s Party (PP), have been attacking this model and the Catalan language for the last decade and a half, but recently they have managed to get the centralist judicial authorities to back them.

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.

Catalonia’s High Court has interpreted the last sentence of the Spanish Supreme Court and forces the Catalan Government to offer “at least” 25% of the mandatory school curricula in Spanish in the schools where pupils ask for it. A dozen of parents had complained in the last few years, filing several appeals and stating they wanted their children to be taught in Spanish in Catalonia’s public schools. The Catalan school model is based on the linguistic immersion principle and almost all the subjects are taught in Catalan except Spanish which is taught as a language. However, the system includes many flexibility measures for new-comers and individualised attention in Spanish. The Spanish Supreme Court considered this was insufficient and sentenced that a class had to be taught in Spanish if the family of a single pupil asked for it and even if the other children’s families had not requested it.

A Professor at the prestigious Paris Institute of Political Studies (Science Po), Jean-Bernard Auby, has advocated for a temporary solution to keep Catalonia within the European Union if it reaches independence from Spain. This agreement should guarantee that Catalonia will not be excluded from the EU even if it does not immediately become a full-member. During a conference in Sciences Po Toulouse organised alongside the Public Diplomacy Council of Catalonia (Diplocat), Auby insisted that “Catalonia and the Catalans are part of the EU” and for this reason, if they become independent “one shouldn’t, in a mechanical way, impose on them to go through the procedures we impose on those who are complete outsiders”. The conference ‘The right to self-determination of Catalonia. Legality and democratic legitimacy’ is part of a series of debates on the right to self-determination, organised by the Diplocat and scheduled in prestigious universities throughout Europe.

In appeal, the Spanish Supreme Court has sided with the family who requested their son to be taught in Spanish in school, alongside Catalan. Despite the Constitution not advocating pupils had “the right to be taught in Spanish”, but only stating they had “the right and duty to know Spanish”, a dozen families have requested their children to be taught in this language, turning to the judicial system. Whilst the Constitutional Court has validated on two occasions the Catalan schooling system, based on Catalan as first language of instruction, the Supreme Court ruled against it. The Catalan Government was offering individualised attention to these children, but the judicial decision states that Spanish has to be used for “the entire class of the pupil”, even though the rest of the pupils have not requested to be taught in this language.

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 Spanish Education Minister, José Ignacio Wert, emphasised the need to have a common and single history of Spain taught in all the Autonomous Communities. With the Education Reform he is currently proposing, the history curriculum will be imposed by Madrid and the Autonomous Communities will only be able to add a small portion referring to their own history. However, such additional contentswill be excluded from the final exams and therefore pupils will tend to ignorethem. With this initiative, Wert aims to impose a single interpretation of the historic facts affecting Spain’s history and nation-building. Lately, the Spanish Government, run by the People’s Party (PP), has repeatedly stated that Spain is “the oldest nation in Europe” and is now focusing on the education system to spread this idea.

The Catalan Socialist Party (PSC) proposes a “singular redefinition” of Catalonia’s “fitting” within Spain that should be accomplished urgently while waiting for a global reform of the Spanish Constitution. Maurici Lucena, the PSC Spokesperson at the Catalan Parliament, told the CNA that this temporary measure should avoid “the collision” between the two sides. The measure should “shield” Catalonia’s powers, language and culture from recentralisation and homogenisation attempts, and it would also include a fairer fiscal scheme. In the coming weeks, the PSC will try to convince the PSOE – to which is federated – about it. This proposal is quite similar to the Catalan Statute of Autonomy that was approved in 2006, but trimmed in 2010 by the Constitutional Court following an appeal from the People’s Party (PP) – which now runs the Spanish Government.

The Catalan Government’s Advisory Council for the National Transition (CATN), formed of renowned independent experts, emphasised that Catalonia’s independence from Spain would not represent breaking their affective and historical bounds. Furthermore, they insisted on the need to continue and even to increase cooperation “based on a new principle of equality and mutual respect between both parties”. They have suggested different ways to cooperate, through different structures. For instance, they proposed the creation of the ‘Iberian Council’ bringing together Catalonia and Spain, as well as Portugal and Andorra if they wished to, which would mirror the Nordic Council or the Benelux. Furthermore, the CATN issued three other reports, including a detailed analysis of Catalonia’s tax agency.

Following the announcement of a self-determination vote question and date, the Financial Times urges the Spanish establishment to negotiate. The prestigious and influential newspaper stated that the Catalan claims for independence are “a political problem that requires a negotiated solution”. In this Monday printed edition’s editorial, the FT demanded more “federalism within Spain’s crying need for institutional renewal”, convinced that in the two-part self-determination question proposed by Catalan parties “lie the ingredients for a solution”. “It is not just the Catalans but Spain’s leading parties, Mr Rajoy’s PP and the Socialists, that need to rise to the occasion” urged the Financial Times, while also acknowledging that Spain has failed to build “a plurinational home comfortable enough for its culturally distinct peoples”.

The Spanish Executive has presented a 720-page report in which it proposes 120 measures “to eliminate duplications” and “improve the coordination” between government levels in order to “rationalise” and “increase the efficiency” of the public sector. However, the initiative proposes a true recentralisation of Spain, since almost all the measures point towards transferring powers and services back to the Spanish Government. The Catalan Executive and the non-Spanish-nationalist parties have announced a common front to stop “the pruning” of Catalonia’s self-government. Madrid’s document proposes the direct elimination of several institutions that are defined in the Catalan Statute of Autonomy, approved by citizens through a binding referendum. Furthermore, it cancels pending power devolutions, which had been planned for years but whose effective transfer has been constantly delayed.