court

Brussels main think tank CEPS "postpones" at the last minute a debate on Catalan independence

June 17, 2014 07:32 PM | ACN

The Brussels-based Centre for European Policy Studies (CEPS) stated it cancelled a debate on the EU Membership of an independent Catalonia because they could not find a speaker arguing that Catalonia would be excluded from the EU. However, the Catalan Government and the Catalan Public Diplomacy Council (Diplocat) suspect the Spanish Government pressured the CEPS to cancel the debate, as it already tried to do with previous events. The Spanish Executive denied the accusations, which are also rejected by the CEPS. The event was organised weeks ago and was supposed to take place on Tuesday at 9.30am at the CEPS facilities, which is the most prestigious think tank in EU Affairs. It was "postponed" on Monday evening, just a few hours before it was due to start. A prestigious Constitutional expert, who advises the Catalan Government, Carles Viver i Pi-Sunyer, was supposed to present a report arguing that Catalonia would remain within the EU.

The King's succession process will not have the explicit support from Catalan nationalists

June 4, 2014 08:41 PM | ACN

The Centre-Right pro-Catalan State Coalition, Convergència i Unió (CiU), which runs the Catalan Government and was an essential part of Spain's Transition from dictatorship to democracy, will not vote in favour of the law regulating the King's abdication. The CiU, which has played a crucial role in Spanish politics, has decided to abstain in the Spanish Parliament's vote, in line with its support of Catalonia's self-determination process. All other Catalan parties are expected to oppose the succession process, with the exception of the Catalan socialist Party (PSC) –part of the Spanish Socialist Party (PSOE) – and the Catalan branch of the People's Party (PP). In his first speech after his father's abdication announcement, the soon-to-be Felipe VI promised "to serve […] our beloved Spain", "a nation, a political and social community, united, diverse, which deepens its root in a millenary history".

A modern King respecting self-determination or a new Republic: the reactions from Catalonia

June 2, 2014 09:21 PM | ACN

Catalan parties, business associations and other institutions have reacted  to the abdication of King Juan Carlos announced this Monday morning. All the left-wing parties except the Catalan Socialist Party (PSC) – which is part of the Spanish Socialist Party (PSOE) – have called for a referendum on the monarchy's continuity and the instauration of a Republic. In fact, a series of demonstrations were held in several Catalan cities demanding a new Republic. The other widespread reaction came from those not questioning the monarchy, although all of them ask for a "modern King." Instead, most of them ask Crown Prince Felipe to be sensitive to the Catalans' will to self-determination and they expect he will act as a mediator to enable a negotiated way out to the current political conflict.

The Constitutional Court bans the Catalan Government's drug prescription fee

May 6, 2014 10:06 PM | ACN

Following an appeal from the Spanish Government, the Constitutional Court has confirmed the cautionary halt adopted in January 2013 and it has now definitively banned the Catalan Executive's drug prescription fee. The measure had been adopted to reduce pharmaceutical spending by limiting superfluous drug demand in order to reduce the overall public spending. It was one of the austerity measures adopted by the Catalan Government in 2012 to reduce public deficit, in order to meet the strict deficit targets imposed by the Spanish Executive. The measure meant that Catalans had to pay a one-euro fee for each drug prescription, with a maximum of 60 euros per year and with many exceptions for people with chronic diseases, on low incomes and pensioners. On the same day, the Constitutional Court has backed the Catalan Executive's judicial fees, also appealed by Madrid.

Judiciary insists on modifying Catalan school model to increase presence of Spanish

April 30, 2014 09:50 PM | ACN

The Catalan High Court has confirmed its previous decision to oblige 5 schools to teach "at least 25%" of their mandatory subjects in Spanish if the family of a single pupil asks for it, regardless of the opinion of the other children's families. The measure should be adopted "immediately", but the Catalan Government announced that it will lodge another appeal. Two months ago, the affected schools and the Catalan Executive had already appealed a decision that interpreted a previous judgement from the Spanish Supreme Court on the complaint presented by a dozen families from Catalonia. The measure represents a threat to the knowledge of Catalan language by all Catalan children, as well as a threat to true bilingualism, equal opportunities and social cohesion. The current model follows these principles as children totally master both languages, Spanish and Catalan. In addition, the court decision is a threat against separation of powers and Catalonia's self-government.

Catalan President insists citizens will vote after Rajoy asks him to give up referendum plans to start talking

April 23, 2014 09:40 PM | ACN

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".

Spanish Parliament to reject one of the legal ways for an agreed self-determination vote in Catalonia

April 7, 2014 10:29 PM | ACN

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.

Catalan Government's legal services: the Constitutional Court backs a consultation vote if it's "not a self-determination referendum"

April 1, 2014 08:29 PM | ACN

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.

Catalonia's self-determination process carries on despite the Constitutional Court's decision

March 26, 2014 08:47 PM | ACN

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.

Catalonia is not "a sovereign political and legal subject" states the Constitutional Court

March 25, 2014 10:15 PM | ACN

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.

Extreme-right group Manos Limpias fuels a judicial battle against Catalonia's self-determination

March 25, 2014 10:05 PM | ACN

The far right trade union Manos Limpias has filed a complaint against the citizen association that organised the two massive independence demonstrations on the 11th September 2012 and 2013: the National Assembly of Catalonia (ANC). On Monday evening the Spanish nationalist organisation accused the ANC of fostering "insurrection" for having issued a road map proposing to declare independence on the 23rd April 2015 if the Spanish Government did not allow a self-determination vote. Furthermore, in February the extreme-right group had filed a first complaint against the Catalan President, Artur Mas, for "sedition" and "rebellion". On Tuesday, after a preliminary analysis, Catalonia's Supreme Court (TSJC) dismissed the complaint, emphasising the political nature of Mas' statements and actions. Manos Limpias announced that it will appeal the decision, saying that the TSJC is "contaminated" by Catalan nationalism.

Catalan Education Minister believes the Spanish Government's school reform can still be stopped

March 20, 2014 08:35 PM | ACN

Irene Rigau, the Catalan Minister for Education, announced that Catalonia will participate in the working group created to analyse how to better implement the Spanish Government's Education Reform. Such a group was announced by the Spanish Education Minister, José Ignacio Wert, to make "Catalonia feel comfortable" with a Reform that totally changes the current school model. However, Rigau stated that the results of the working group will have to be assessed before implementing the Reform. On Wednesday, she refused to attend a meeting in Madrid to discuss how Spanish will be made an instruction language in Catalan schools. After the meeting, the Spanish Government stated that this will done "one way or the other" in September 2014. Meanwhile, the judicial battle goes on and the five schools forced to teach 25% of the subjects in Spanish will be allowed to appeal.

Catalonia's Supreme Court now indicts CiU MP Oriol Pujol for bribery

March 20, 2014 10:42 AM | ACN

The former Secretary General and 'number 2' of CDC, which is the Liberal Party and larger force within the two-party Centre-Right Catalan Nationalist Coalition (CiU), has been indicted for another alleged offence: bribery. Oriol Pujol had already been indicted a year ago for influence peddling regarding the network of Technical Vehicle Inspection garages (ITV). Back then, Pujol temporarily stepped down from his party responsibilities and as Chairman of the CiU group within the Catalan Parliament, but he continued as MP. The case is still under investigation by a judge from Catalonia's Supreme Court (TSJC), who has now added bribery to the list of alleged felonies. The judge stated that he believes Pujol might have earned €30,000 through his wife's company for a specific vote in Parliament. The CDC and the Spokesperson of the Catalan Government – run by the CiU – emphasised that they believe in Pujol's innocence and hope the judicial process will clarify the situation as soon as possible.

Catalonia to appeal against 4 Spanish Government’s laws for being “a Constitutional reform in disguise”

March 5, 2014 09:19 PM | ACN

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.

Catalan Government forced to pay for private education in Spanish

March 5, 2014 09:17 PM | ACN

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).