court

Constitutional reform will not be discussed by main Catalan parties unless self-determination is included

August 17, 2015 09:41 PM | ACN

The Catalan Minister for the Presidency, Francesc Homs, has stated that they are "sceptical" about the constitutional reform that the Spanish Prime Minister and leader of the People's Party (PP), Mariano Rajoy, is starting to consider. The Spanish Justice Minister, Rafael Català, said 10 days ago that his department would "study a constitutional reform" which would not make any concession to Catalonia's demands. For the last 3 years, Rajoy and the PP have been unilaterally blocking any attempt to launch a constitutional reform debate. Now, with Catalonia's independence being a distinct possibility if pro-independence parties win the forthcoming 'de facto' referendum scheduled for 27 September, the Spanish Government has started to say it would consider a limited reform, particularly to strengthen its own powers. This Monday, the Catalan President's 'right-hand man', Frances Homs, said that they will not even consider such a constitutional reform if it does not include Catalonia's right to self-determination.

Rajoy "to fight the battle of defending the many millions of citizens who feel Catalan, Spanish and European"

July 31, 2015 10:20 PM | ACN

The Spanish Prime Minister, Mariano Rajoy, has stated that Catalonia's upcoming elections are Spain's "main risk" to the State itself and to the country’s economic recovery. Rajoy read a speech before the press before departing for his summer break, and Catalonia's independence was one of the main issues he talked about. The Spanish PM stressed that the government he heads "will never allow secession to happen"; "by no means will there be independence", he emphasised. He also stressed that the Spanish Government is ready "to fight the battle of defending the many millions of citizens who feel Catalan, Spanish and European". Rajoy said he is satisfied with the strategy he has been employing during the last few years, based on a total rejection of even talking about the organisation of a mutually-agreed vote like the one that took place in Scotland. According to him, his approach was "cautious and proportional". "We have not made any concession", he added, "nothing". According to him, any Spanish PM would have acted in the same way, as "it is not easy to hold a dialogue with somebody who wants to organise a referendum".

Spanish Parliament approves law allowing Rajoy to take control of Catalan police "to defend Spain"

July 22, 2015 08:02 PM | ACN

The Spanish Parliament has approved a bill through which the Spanish Government can take control of the Mossos d'Esquadra (Catalonia's police corps managed by the Catalan Executive), in order "to defend Spain" or in the event of a natural disaster. The Spanish Government has justified the measure by stressing the need to enhance coordination in a crisis situation, putting several security corps under the same command. However, the law also comes in the middle of Catalonia's debate on independence from Spain and with several voices in Madrid, including leading members of the Spanish Government, talking about the possibility of suspending Catalonia's autonomy in the event of a unilateral declaration of independence. The Catalan Government will take the new law to the Constitutional Court, as it is an invasion of its own powers.

Mas stresses need for plebiscitary independence elections following Constitutional Court ruling

June 12, 2015 08:46 PM | ACN

The President of the Catalan government, Artur Mas, has told parties favouring the right to self-determination on Thursday to "enhance" the plebiscitary character of the 27-S elections after the Spanish Constitutional Court (TC) ruled the Catalan government's preparations for the 9-N election unconstitutional. The 9-N ballot asked voters whether Catalonia should be independent. According to Mas, the judgment evidences that the Constitution has become a "dead end" and that there is no other route left except for a plebiscitary vote. He warned that the TC cannot "override or erase" the vote of 2.3 million people on 9-N.

Supreme Court of Catalonia rejects Madrid's petition to reopen school enrolment to include Spanish as a tuition language

June 9, 2015 10:28 PM | ACN

Catalonia's Supreme Court (TSJC) has ruled against the petition filed by the Spanish Ministry of Education that asked to reopen the enrolment process for the next school year in order to use registration forms in which parents could explicitly choose whether they wanted their children to be taught in Spanish as an instruction language. In the last few years, the Spanish Government has been undertaking a judicial battle to change Catalonia's school model, which has been developed with an extremely wide consensus over the last 35 years and completely guarantees the knowledge of both Spanish and Catalan, as results show. The model is based on the linguistic immersion principle, through which children are mostly taught in Catalan, although many flexible measures are included. However, the Spanish Government would like to have Spanish as an instruction language as well, despite most of the pedagogic experts considering that if this were the case, many children from Spanish-speaking environments would not have a proficient knowledge of Catalan and would not be bilingual.

Catalan Government to open new delegations abroad in the coming weeks

May 13, 2015 01:39 AM | ACN

The Catalan Government has approved its 'Strategic Plan for the External Action 2015-2018', which foresees the opening of additional delegations abroad. The Spokesperson for the Catalan Executive and Minister for the Presidency, Francesc Homs, who is in charge of External Relations, announced that some of these delegations may be opened in the coming weeks. Homs admitted that the Spanish Government may appeal against the new delegations and the plan, as it did with the delegations in Rome and Vienna, and the External Action Law. The Law was approved last November but was already foreseen in the Catalan Statute of Autonomy from 2006. In addition, Catalonia's own external action was validated by the Spanish Constitutional Court in 2010. With the independence debate on the table, the Spanish Government is insisting on reducing the number of delegations and controlling their activities.

Supreme Court rules 25% of school subjects to be taught in Spanish, against Catalonia's own model

May 8, 2015 10:17 PM | ACN

Spain's Supreme Court has once again ruled against the Catalan school model, following the individual appeals of a very small group of parents that wanted their children to be schooled in Spanish within Catalonia's public education system. Spain's Supreme Court (TS) has backed the decision of the Catalan Supreme Court (TSJC) to oblige schools in Catalonia to teach "at least 25%" of their subjects in Spanish, including "at least" one core subject. The TS considers such a share to be "reasonable and proportionate". It also admitted that by imposing such a share, the TSJC was "substituting" the role of the Catalan Government and Parliament. However, the TS justified such an invasion of powers because it considers the Catalan Government to have  disobeyed its previous rulings and not changed the school model to make sure that children can also have Spanish as a regular tuition language if parents request this. However, the TS’ decisions are far from reasonable, according to a broad majority of Catalan society, since it breaks social cohesion and a model approved by an extremely broad consensus that perfectly guarantees the knowledge of both Spanish and Catalan.

New attack on Catalan school model by Spanish Government: an appeal against next year’s enrolment

May 6, 2015 11:55 PM | ACN

The Spanish Ministry of Education has filed an appeal to the Supreme Court of Catalonia (TSJC) to cancel the already-sent enrolment applications for the next school year in order to include the option of choosing Spanish as the language of tuition. Five parties representing 80% of the Catalan Parliament have strongly protested against this "new attack" on a school model that guarantees that pupils master both Spanish and Catalan and has many flexibility measures for newcomers. The model is also backed by an extremely broad majority of Catalan society and only a few dozen families, out of the 1.55 million pupils in Catalonia, had requested education in Spanish. Linguistic immersion in Catalan ensures knowledge of the language by children who are not regularly exposed to it, while the model also ensures knowledge of Spanish. Therefore, equal opportunities and complete bilingualism are ensured. However, the model has been the target of Spanish nationalists for a long time.

Catalan Government starts refunding drug prescription fee after Constitutional Court ban

April 29, 2015 10:09 PM | ACN

The fee that was temporarily charged on each drug prescription in Catalonia between June 2012 and January 2013 has started to be refunded by the Catalan Government, after the Constitutional Court definitively banned it in May 2014. The decision came after an appeal from the Spanish Government, despite the People Party (PP) initially having supported the measure in spring 2012. However, after the Catalan Government started to back independence from Spain in autumn 2012, the PP decided to oppose the drug prescription fee. The measure had been adopted to reduce pharmaceutical spending, with the final goal being to reduce public deficit. In the short period the fee was in place, €45.7 million was directly earned but much more was saved, since drug spending dropped by around 23%. According to the Catalan Government's calculations, so far 100,000 euros has already been returned to approximately 5,000 people and about €6 million will be returned in total. So far, 300,000 people have filed the request, with an average of €20 per person.

Spanish authorities temporarily ban Catalonia's External Action Law

April 15, 2015 08:50 PM | ACN

As was expected, the Constitutional Court has accepted the Spanish Government's appeal against the Catalan Law on External Action and Relations with the EU, which was approved last November and was already foreseen in the 2006 Catalan Statute of Autonomy. The Court's acceptance of a Spanish Government appeal automatically represents a temporary suspension of the legal measure for an initial 5-month period. The temporary suspension does not mean that the law will ultimately be suspended, but that there are enough reasons to study whether the Catalan law fits within the Constitution or not. According to the Spanish PM Mariano Rajoy, the law goes beyond the Catalan Government's attributions and invades the Spanish Executive's exclusive powers regarding international relations and the direction of Spain's external policy.

Son of former Catalan President, Jordi Pujol Ferrusola, tells judge how Andorran money grew

March 26, 2015 10:42 PM | ACN

Jordi Pujol Ferrusola, the eldest son of former Catalan President Jordi Pujol, has testified in court to explain the management of the money his family kept in Andorra for 34 years without informing the Spanish tax authorities. Jordi Pujol senior confessed the alleged fraud in July, shocking the entire Catalan society and destroying his moral leadership. In the past few months, the former Catalan President (1980-2003), his wife, and 6 of their 7 children have been indicted for alleged fiscal fraud, and 3 of them are also indicted for other corruption and fraud cases. The Spanish authorities may have known about irregular activities of the Pujol family for decades, but it only made front-pages when the former President started to publicly support independence. Besides, the Catalan Parliament have already undertaken a series of hearings to investigate potential corrupt practices during Pujol's governments.

Spanish Government appeals against Catalonia's External Action Law because it "is not a state"

March 6, 2015 09:52 PM | ACN

The Spanish Government approved on Friday to take to the Constitutional Court Catalonia's Law of External Action and Relations with the EU and the opening of delegations in Vienna and Rome. The Spanish Executive will appeal against the law despite it being foreseen by the Catalan Statute of Autonomy – approved by the Spanish Parliament and the Catalan people through a binding referendum in 2006. This is Catalonia's main law after the Spanish Constitution and recognises the Catalan Government's right to carry out its own external action abroad. However, in the current debate about Catalonia's independence, the Spanish Government is reiterating its 'no-to-everything' attitude and recentralisation strategy and has appealed against the law approved by the Catalan Parliament on 26 November last.

Judge who wrote draft of Catalan Constitution is expelled from judiciary by Spanish authorities

February 26, 2015 11:53 PM | ACN

Barcelona Provincial High Court judge Santiago Vidal, who has openly supported independence, has been expelled from the judiciary for a 3-year period by the Spain’s Judicial Power Council (CGPJ). The sanction is far from unanimous and has been adopted after an 9-hour-long debate among the CGPJ’s 21 members, since the liberal minority was against sanctioning the judge for having written a draft Constitution for an independent Catalonia. However, the conservative majority considered Vidal to have committed a grave mistake regarding his duty to respect the Spanish Constitution. Vidal has been arguing over the past few weeks that such a draft was written in his free time and is part of his freedom of expression and ideology. In addition, he defended himself by saying that when working as a judge, he has always followed the current Constitution and legal framework. After hearing the CGPJ’s decision, Vidal stated that the decision is “political” because he is “hostile to the regime”, “an expression from 40 years ago that I thought I would not hear in democracy”.

Constitutional Court bans Catalan Law on Consultation Votes and call for original independence vote

February 25, 2015 10:47 PM | ACN

Spain’s Constitutional Court has ruled against the Catalan Parliament’s Law on Consultation Votes, approved in September, and the President of the Catalan Government’s Decree calling for a consultation vote on independence on 9 November last. The Constitutional Court had already temporarily suspended both legal measures in October, but it still was yet to issue its definitive verdict. After the temporary suspension, the Catalan Government promoted an alternative and symbolic vote on independence run by 40,000 volunteers, also on 9 November, in which 2.35 million people participated despite the Spanish authorities’ full opposition and even threats. The Catalan President, Artur Mas, stated that the Constitutional Court’s final decision “leaves 27 September [early elections] as the only way to consult the Catalan people” about their collective future. Meanwhile, the Spanish PM, Mariano Rajoy, highlighted that the Court’s decision “has been adopted unanimously” and that “governments have to honour laws”.

FC Barcelona and its President are indicted for alleged fiscal fraud regarding Neymar’s signing

February 3, 2015 09:48 PM | ACN

Spain’s National Court, a Madrid-based high court in charge of investigating and ruling on transnational felonies, announced on Tuesday the indictment of FC Barcelona – as a legal person – and its President, Josep Maria Bartomeu, for alleged fiscal fraud regarding Neymar Jr’s transfer and signing for the Catalan club. The judge considers there to be enough evidence to suggest that the Catalan club and Bartomeu could have committed fiscal felony in the tax declarations for the signing of the Brazilian star. Bartomeu will have to testify with his lawyers before the Madrid-based judge on 13 February. FC Barcelona issued a press statement in which it expresses its “surprise, indignation and disagreement”. Furthermore the Catalan club announced that it shall act determinedly to defend its interests and honour.