constitutional reform

On Sunday the Spanish Socialist Party (PSOE) approved another solemn declaration proposing a Constitutional Reform, after it already did so in July 2013. Once again the PSOE has not detailed their proposal, but insists on building a true federal model, going beyond the current Autonomous Community system. The People's Party (PP) – which runs the Spanish Government – opposes such a reform although they "agree to talk" about it. The PSOE wants the PP to "immediately" approve the creation of a Constitutional Reform committee at the Spanish Parliament and set expert hearings to debate ideas. However, they do not want "to rush" to solve Catalonia's "urgent problem", as explained by the President of Andalusia and PSOE's Chairperson, Susana Díaz. Meanwhile, the alternative left party Podemos, which could win the next Spanish elections, has elected Pablo Iglesias as its Secretary General, who has promised a broad Constitutional Reform. Iglesias recognises Catalonia's right to self-determination but considers that the Catalan Government cannot approve a unilateral declaration of independence.

After days of controversy, the Director of Spain's Public Prosecution Office, Eduardo Torres-Dulce, suggested that a judicial complaint against the President of the Catalan Government, Artur Mas, might not be filed because the case "is already at court". The People's Party (PP), which runs the Spanish Government, had announced that the Public Prosecution Office would file a complaint against Mas and some Catalan Ministers for having authorised November 9's symbolic vote on independence. Such an announcement seriously questions the separation of powers in Spain. On top of this, several Catalonia-based prosecutors protested over the Spanish Government's pressures. Torres-Dulce, who is appointed by the Spanish Government, decided to wait and meet on Wednesday with his delegate in Catalonia. They agreed to further analyse the case and make the decision in Catalonia. Such a legal step against Mas could provoke a boomerang effect against Madrid, mobilising a wide part of Catalonia's society.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

The day after 2.3 million citizens gave their opinion on Catalonia's independence, the reactions of Spanish and Catalan parties did not bring great surprises. The PP, which runs the Spanish Government, considered the vote "illegal" and announced potential legal actions. In addition, they stated that "a silent majority" did not vote. The Spanish and Catalan Socialist parties (PSOE and PSC) insisted on a Constitutional Reform and rejected an independence referendum. Populist party Ciutadans (C's) asked for early elections, while Spanish nationalist UPyD wanted Catalonia's autonomy to be suspended. Parties supporting self-determination praised Sunday's vote. The governing centre-right pro-Catalan State coalition CiU wants to explore negotiations, although Liberal CDC is sceptical about the results. The left-wing independence party ERC and the alternative left and radical independence CUP rejected negotiations with Madrid. The green socialist and post-communist coalition ICV-EUiA asked for a binding referendum.

The Catalan Government is currently preparing its budget for the next year. However, it is uncertain whether a new budget will be approved or the current one will have to be extended. The Government's parliamentary supports are uncertain because of self-determination and the prospect of early elections on the horizon of to be transformed into a plebiscite on independence. The governing centre-right pro-Catalan State coalition CiU does not have a majority in the Parliament. Its ally over the last two years, the left-wing Catalan independence party ERC, is reluctant to reach a deal because the original self-determination consultation vote was cancelled by the Government. Meanwhile, CiU's anti-independence sectors are trying to reach a deal with the Catalan Socialist Party (PSC) and the Spanish Government is trying to promote an anti-independence alliance between these last two.

After the cancellation of the original consultation vote scheduled for the 9^th of November, parties are preparing for hypothetical early elections, transformed into a de facto referendum on independence. The parliamentary stability alliance between the governing centre-right pro-Catalan State coalition CiU and the opposition left-wing Catalan independence party ERC is seriously damaged. This affects the approval of the Catalan Government's budget for 2015 and a potential electoral alliance in such a plebiscite on independence. CiU, formed by the Liberal CDC and the Christian-Democrat UDC, and social-democrat ERC were the three main parties within the pact for the consultation vote scheduled. As preparations for the 9^th of November would have required breaking Spanish law, tensions between them were raised. After the pact was broken, there have been efforts to work together again on different fronts, while UDC is looking for new allies.

The Constitutional Court has accepted the Spanish Government's two appeals filed on Monday against the 9^th of November's self-determination vote decree and the Catalan Parliament's law on which it is based. This decision automatically means the temporary suspension of the law and the decree, a suspension which could be extended after 5 months should the Court not have yet reached a definitive verdict. In addition, it also suspends "the rest of actions" deriving from the law or the decree's implementation, including those taken "by third parties". The decision has been made in an urgent and non-scheduled plenary meeting, which was organised just 5 hours after the Spanish Government had filed the appeals. The Constitutional Court's plenary never meets on Mondays and its next meeting was scheduled for the 7^th of October. The President of the Catalan Government, Artur Mas, has criticised "the supersonic speed" by which the Court has met. Mas asked this body to act as "the referee of all and not only of a part".

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 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.

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 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.

The new Secretary General of the Spanish Socialist Party (PSOE), Pedro Sánchez, met on Wednesday in Barcelona with the President of the Catalan Government, Artur Mas, to talk about the self-determination consultation vote scheduled on the 9^th of November. Sánchez told Mas that he considers such a vote to be "illegal" and therefore it cannot take place. In addition, he stressed that the PSOE is totally opposed to Catalonia's right to self-determination and underlined that "national sovereignty" belonged to the Spanish people as a whole. However, he said he was proposing "a solution" to the current conflict between Catalonia and the rest of Spain: a reform of the Constitution to transform Spain into a true federal state. Despite this reform, Catalonia would not be considered "a nation". Sánchez underlined that once the agreement on this reform would be reached, Catalans would have the opportunity "to vote" on it. Therefore, for Sánchez, Catalans would only have the choice to vote for the current status quo, or for staying in Spain with greater self-rule but without being considered as a nation.

On Friday Spain's Deputy Prime Minister, Soraya Sáenz de Santamaría, warned that the Catalan Law on Consultation Votes will be "automatically suspended" the moment the Spanish Government files an appeal against it. Furthermore, the Deputy PM added that such an appeal will be filed "immediately" after the law is approved by the Catalan Parliament. However, she recognised that the Catalan Government could act in a faster way and issue the decree calling for the self-determination vote – scheduled on the 9^th of November – before the Spanish Executive has filed the appeal. In any case, Sáenz de Santamaría highlighted that once the appeal is filed, both the law and the decree will be cancelled. Furthermore, she insisted on the obligation to respect the Constitution and the current legal framework, which is what provides the offices of those taking decisions in Catalonia and, ultimately, guarantees democracy.