constitutional reform

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. 

Despite all opinion polls indicating the contrary, the Spanish Prime Minister Mariano Rajoy stated that "the majority" within Catalonia do not support the demands to hold a self-determination vote and therefore he does not have "any dispute" with Catalan society. According to all the opinion polls, between 75% and 80% of Catalans support the organisation of a self-determination vote, regardless of whether they would vote for independence or not. "I am willing to talk about everything, but not about breaking national sovereignty and unity", stated Rajoy on Wednesday. The PM insisted that he wants to talk about the things that really concern "all the Catalans", which are the economic recovery and the funding of the Catalan Government, according to him. On Tuesday, he recognised that Catalonia's self-determination process was "a deep political problem".

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.

The President of the Catalan Government, Artur Mas, stated on Wednesday that the self-determination process will go on despite the Constitutional Court’s ruling against the 'Declaration of Sovereignty' the day before. Mas insisted that the process "continues", since it is based on its democratic legitimacy, it adheres to its peaceful nature and will use all the existing legal frameworks. On the same day, the Catalan Vice President, Joana Ortega, sent a letter to all the Mayors in Catalonia to ask for their "compromise and co-operation" in organising a self-determination vote. Besides, the Catalan Parliament has elected the 3 MPs who will go to Madrid and ask for the transfer of referendum powers using Article 150.2 of the Constitution.

Spain's Constitutional Court has reached a unanimous decision against the Catalan Parliament's 'Declaration of Sovereignty', approved in January 2013 and appealed by the Spanish Government. In May 2013 the Constitutional Court put the Declaration on hold, temporarily stopping its implementation while it was reaching a definitive decision, which has happened this Tuesday evening. In the end the Court has declared the first part of the text, which stated that "the people of Catalonia is, for reasons of democratic legitimacy, a sovereign political and legal subject", "unconstitutional and void". However, it adds that the people of Catalonia have "the right to decide" but not "to self-determination", and it points out that the Constitution can be reformed. After months of internal debate and previous failed attempts to reach a consensus, the decision arrived a few hours after the Catalan Parliament had approved a motion to disqualify 3 of the 12 members of the Constitutional Court of not being impartial on this issue.

All the political reactions to the death of former Spanish Prime Minister Adolfo Suárez highlight his crucial role leading Spain from Franco’s Dictatorship to Democracy, as well as his capacity to build consensus. However, Madrid-based politicians are stressing how he worked for the  unity of Spain and conviviality among its citizens. Meanwhile, Catalan parties are emphasising Suárez's courage in ending Franco's laws and how he worked to institutionalise what was already normal at street level. For instance, the Catalan President, Artur Mas, pointed out how Suárez restored Catalonia's autonomy in September 1977 before the approval of the Constitution in December 1978. Suárez, who had reached top positions within Franco's Regime, was appointed Prime Minister by King Juan Carlos in June 1976, seven months after the dictator's death.

The Catalan Government announced it will take to the Constitutional Court four bills drafted by the Spanish Executive because they neglect Catalonia’s self-government capacities and exclusive powers. The 4 affected bills are the Education Reform, the Market Unity Law, the Local Governments Law and the Environment Evaluation Law. The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, said that those reforms go against the Constitution and aim to reform it “through the back door”. “It is a reform without the needed transparency, without holding an open debate”, he said. “They are stripping away our political capacity to decide”, Homs emphasised. The Spanish Government justified the recentralisation of powers as a way to improve efficiency in times of economic crisis and austerity. However, several experts have already warned that it is not proven that efficiency will improve if powers are centralised.

The Spanish Parliament has approved a motion that “supports” the Spanish Government using “all the measures that the legal framework allowed to keep the unity of Spain, as a nation of free and equal citizens only subject to the rule of Law”. The motion has been filed by the People’s Party (PP), which holds an absolute majority and runs the Spanish Government. Spain’s nationalist and populist party UPyD abstained, as well as the Spanish Socialist Party (PSOE), including the MPs from the Catalan Socialist Party (PSC). Article 8 of the Spanish Constitution, negotiated between democracy supporters and members of the Franco Dictatorship, reads: “the Armed Forces […] have the mission to guarantee Spain’s sovereignty and independence, defending its territorial integrity and the Constitutional order”.

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 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”.