constitutional court

The Constitutional Court has accepted the Spanish Government’s appeal against three measures adopted by the Catalan Executive to reduce its deficit, some of them negotiated last spring with the People’s Party (PP). The Spanish Government, which is run by the PP, now believes that these measures invade its own powers, “break market unity” and go against the principle of “equality for all Spaniards”. While accepting the appeal, the Court has temporarily suspended the application of the fees and taxes for a five-month period, which could be extended. The Catalan Government will appeal the decision as it believes the measures to be in line with the Constitution and within its jurisdiction. The drug prescription fee brought in €46 million in its first 6 months and it reduced public spending on medicines.

The Catalan Finance Minister, Andreu Mas-Colell, sees the appeal as “a sabotage of Catalonia’s public finances” with the objective of making the deficit targets harder to reach and then greater control mechanisms can be enforced from Madrid. If the Constitutional Court accepts the Spanish Government’s appeal, the drug prescription and judicial fees approved by the Catalan Executive will be stopped. Mas-Colell explained that this would represent a loss of €140 million per year. The Spanish Executive justifies the appeal because Catalan citizens would have to pay more than those in other parts of Spain. For Mas-Colell, this justification is “sarcastic” and “populist” as it is decided by the same government that “has not increased pensions”.

Spain’s Constitutional Court has responded to an appeal from the Catalan Parliament dating from 2004. The appeal was against the Judicial Power’s last reform, approved by the Spanish Parliament, in the time of José María Aznar. Now, the Constitutional Court states that the Catalan Government only has competence over the non-judicial staff working in the justice administration, but not over the judges and other judicial staff. This means that the knowledge of Catalan language will not be a condition to work as a judge in Catalonia. Therefore Catalan citizens may not be able to use their mother tongue in their justice procedures or they will have to use interpretation services.

On Tuesday the Catalan Council for Constitutional Guarantees (CGE) declared that the Spanish Government decree cutting €3 billion in education does not respect 2 Constitution articles and 5 other articles from Catalonia’s Statute of Autonomy, being thus unconstitutional and going beyond Madrid’s jurisdiction. The Catalan Government following the CGE’s unconstitutionality assessment decided to bring the education decree to the Constitutional Court(TC), as it did last week with Rajoy’s health decree. However, after the Spanish Government threatened to bring approved initiatives from the Catalan Executive to the TC, the Catalan Government decided to modify the decrees through dialogue and bring the decrees to the TC as a last option.

After 13 years, the Constitutional Court has denied the appeal presented by the Spanish Government in 1999 against a Catalan Parliament Law that allowed the Catalan sports federation to compete internationally. However, the Court states that Catalan teams cannot compete “in sports where no Spanish federation exists”. According to the Catalan Government, this sentence is “a first step” on the road to the international recognition of “all sports federations”. In addition, the Platform for Catalan said that Spanish legislation does not apply internationally and that International Federations are private organisations; it is thus their decision, as the CAS confirmed in 2008. They also mentioned the case of England, Scotland, Wales and Northern Ireland.

The Catalan Government has announced a plan against the Spanish Government’s “recentralisation offensive”. One of its actions is taking the education and healthcare reforms adopted by Madrid to the Catalan Council for Constitutional Guarantees, as a first step to bring them to Spain’s Constitutional Court. The Catalan Government believes that some of the measures invade its jurisdiction, as it directly manages education and healthcare. Another measure is issuing a report pointing out the Spanish Government’s duplicities, such as maintaining ministries such as education, healthcare and culture. These policies are managed by the Autonomies. Left-Wing opposition parties have urged the Catalan Government to take further measures, while the PP has accused the Catalan Executive of “lying”.

This advisory body dependent on the Catalan Government affirms that two aspects of the Labour Reform Law, recently approved by the Spanish Government, go against the Spanish Constitution. Furthermore, the report also highlights three elements that invade the Catalan Government’s jurisdiction. The four Left-Wing Catalan parties that requested the assessment one month ago are pushing for the reform to be brought to the Constitutional Court. CiU, who runs the Catalan Government, hopes to modify these aspects through parliamentary negotiations.

The highest Catalan court has clarified how to execute the sentence of the Spanish Supreme Court that had recognised the right of 3 families to school their children in Spanish and not in Catalan. These families will have their individual rights respected, but the current school model will not be changed. Catalonia’s education model has been validated twice by the Spanish Constitutional Court and has been in place over the last 30 years, guaranteeing full knowledge of both official languages –Catalan and Spanish– by all its pupils. Experts advise that the current school model prioritises the weakest official language –Catalan- following the principles of equal opportunities and social cohesion. The model has been praised by UNESCO, the European Commission and the European Parliament.

In addition, he warned about an ongoing re-centralisation process, going against the consensus of 1978, and whose next step “will be the electoral reform”, which “will sentence us [Catalan nationalists] as galley slaves”. The day that King Juan Carlos was ratifying with his signature the amendment to the Spanish Constitution, one of the main law’s six founding fathers criticised the reform. Miquel Roca, who represented the views of the Catalan nationalists in 1978 criticised a reform approved only with the support of the two main parties in Spain, both defending centralist stances.

The Spanish Constitutional Court has accepted to make a decision on the Spanish Government’s appeal against the Catalan law promoting the Occitan language in the Val d’Aran County, in the Pyrenees. The Val d’Aran has autonomy status within Catalonia, considering its historic links with the Occitan culture. It is the only place where Occitan has the status of preferred co-official language. Now, this status has been cancelled because of the Spanish Government’s appeal. The Catalan Minister for Culture considers the appeal “an attack against language diversity”.

Spain’s Highest Court sentences on a case about 3 parents who wanted their children to be taught in Spanish at Catalan public schools. The decision breaks the principle of using Catalan as the language of instruction in Catalan schools. This model has been in place for the last 30 years and guarantees knowledge of both the Catalan and Spanish languages by all pupils, as exam records have been proving. Now, Spain’s Supreme Court is interpreting the Spanish Constitutional Court’s sentence from last June, which stated that Catalan was a teaching language but that Spanish should also be. The fear in Catalonia is that the country will split into 2 separated language communities and social groups will not understand Catalan.

The Spanish Conservative People’s Party (PP) finally presented an appeal to the Constitutional Court on the Catalan Parliament’s law banning bullfighting in Catalonia, which was approved 3 months ago. The PP is arguing that the law exceeds Catalan competences and enters into the Spanish State’s competences. The PP also says that the law restricts citizen rights and freedoms.

After more than 3 years of negotiation, the Conservative People’s Party (PP) and the Spanish Socialist Party (PSOE) have finally agreed on a replacement procedure for the Constitutional Court magistrates who currently have expired mandates. The Constitutional Court has had 4 magistrates with expired 9-year mandates since 2007. The Senate should have already appointed new magistrates, but the two main parties, especially the PP, have been blocking the process.

A renewal was urgent after the legitimacy crisis that occurred during the debate over the Catalan Statute of Autonomy. Some political forces, especially in Catalonia, were expecting a broader reform that would limit the Court’s power to decide on already approved laws via referendum.

Aragon, the Balearic Islands and the Valencian Community each presented a different appeal before the Court against some articles and dispositions of Catalonia’s main law, the Statute of Autonomy, which was approved in 2006 by a referendum. The magistrates have completely rejected Aragon and the Balearic Islands’ appeals and have “not admitted” the appeal from the Valencian Community.