democracy

The judicial battle for the 9^th of November's vote was intensified in the last few hours by Catalan authorities and the Spanish Government. On Thursday evening, the Catalan Parliament's Bureau agreed to challenge 2 of the 12 Constitutional Court members for their closeness to the People's Party (PP), which runs the Spanish Government. They are the Court's President, Francisco Pérez de los Cobos, who was a PP member until 2011, and Pedro José González-Trevijano, who is directly dealing with the Spanish Government's appeal. Moreover, the Spanish Government has announced it will include in its appeals, the election of the members of the Control Commission for consultation votes, which was voted for on Wednesday by the Catalan Parliament and ratified by the Catalan President on Thursday, despite the Court's temporary suspension of the law on which it is based.

Another opinion poll has shown that a wide majority of Catalans want to hold a self-determination vote to determine their relation with Spain. This time, the question was not a general one but it specifically asked about the 9^th of November's consultation vote, which the Spanish authorities completely oppose. Despite the controversy and Madrid's attempts to block it, 70.8% of Catalans would back November's vote, while 22.9% would oppose it. Moreover, the left-wing independence party ERC would win the next Catalan elections with 19.8% of the votes, while the governing centre-right pro-Catalan state coalition CiU would come in second place (13.1%) and the Catalan Socialist Party (PSC) would be 3^rd (5.8%). The largest group of voters are the undecided (23%) and 10.4% would abstain. The People's Party (PP), running the Spanish Government, plummeted to the 8^th place (2.1%).

On Thursday, the day after the Catalan Parliament elected the members of the electoral body that should control the development of consultation votes in Catalonia, including November’s independence consultation, the President of the Catalan Government, Artur Mas, signed the decree appointing the new members. Mas made this step the day before meeting with parties supporting November’s vote to reach an agreement on the new steps to be taken. Spain’s Constitutional Court temporarily suspended the law and the decree on which November’s vote is based. The suspended law was regulating the creation of this Control Commission but the Catalan Parliament’s legal services argued that its members could be elected, as it did not have a direct effect. With the decree, Mas ratified this election, but included an ambiguous clause regarding its validity.

A sweeping majority of the Catalan Parliament has approved a new law recognising the rights of gay, lesbian, bisexual and transsexual people and persecuting homophobia and transphobia. The new law includes fines for homophobic behaviour at the work place and positive discrimination measures, such as having to prove one’s innocence if accused of homophobia (a measure already in place for those accused of domestic violence against women). 80% of the Catalan Chamber has backed the new law and the conservative and Spanish nationalist People’s Party (PP), which runs the Spanish Government, was the only group who voted against the bill, which was filed by 4 left-wing opposition groups. The centre-right pro-Catalan State coalition CiU, which runs the Catalan Government, split its votes, as the largest Liberal party CDC completely backed the law and the smallest Christian-Democrat party UDC voted against specific articles, although it did not oppose the entire measure.

Based on a report from its legal services, the Catalan Parliament has elected the 7 members of the Control Commission that will supervise the development of the 9^th of November's consultation vote on independence. This decision comes the day after Catalan authorities temporarily suspended the direct preparations for November's self-determination vote following the Constitutional Court’s decision to temporarily suspend the law and the decree on which they are based. However, a majority of the Parliament argue that electing the Control Commission would not be a direct action as it does not have any effect, according to the legal services report and previous sentences from the Constitutional Court. However, parties against November's consultation refused to participate in the Parliament's vote. On top of this, the People's Party (PP), which runs the Spanish Government, threatened to take the MPs who elected the Commission to justice.

People massively and peacefully gathered in front of each town hall in Catalonia on Tuesday evening in order to protest against the decision to suspend the self-determination consultation vote made by the Constitutional Court the day before. Citizen protests have been organised in each of the 947 municipalities in Catalonia, despite the heavy rain in parts of the territory. In Barcelona, for instance, thousands of people carrying umbrellas filled up Sant Jaume Square, where the City Council is located. The demonstrations were organised by the civil society association that were behind the massive rallies of September 2012, 2013 and 2014, the Catalan National Assembly (ANC) and Òmnium Cultural. These grass-roots organisations are not giving up and launched their own campaign for November's vote.

The Catalan Government and Parliament will file allegations against the Constitutional Court's temporary suspension of the Law on Consultation Votes and the decree calling November's self-determination consultation vote. The temporary suspension was approved on Monday evening and entered into force this Tuesday morning. Despite the appeal against the Constitutional Court's action, the Catalan Government has decided to "temporarily" suspend the institutional campaign and direct preparations for the 9^th of November's consultation vote on Catalonia's political future. The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, explained that such a decision was made "to prevent public employees from being backed into a corner", as the Spanish authorities could persecute them.  The left-wing parties clearly supporting independence – ERC and CUP – want to disobey the Court's temporary verdict, but the governing and centre-right CiU as well as the greens and post-communists ICV-EUiA want to continue with the vote's preparations wherever legally possible. In addition, thousands of people are demonstrating in front of Catalonia's town halls against the Constitutional Court's decision.

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 President of the Catalan Government, Artur Mas, has formally called a consultation vote on the 9th of November in order “to find out the [citizen] opinion” about “Catalonia’s political future” to launch “the legal, political and institutional initiative” to negotiate the necessary changes at the Spanish level. The Spanish Government has immediately replied that such a vote “will not take place” and that it will take it to the Constitutional Court, as it had already announced. Mas insisted that the democratic mandate from the last Catalan elections allowed him to organise a self-determination vote. Furthermore, “as all the other nations in the world, Catalonia has the right to decide its own future”, he stressed. The decree was signed on Saturday morning, in a ceremony attended by  all the Catalan Ministers and most of the political leaders supporting November’s vote. In addition, 92% of Catalonia’s municipalities have approved motions backing November’s vote and the law on which the decree is based was approved with 80% parliamentary support.

The President of the Catalan Government, Artur Mas, will finally sign the decree calling the 9^th of November's self-determination vote on Saturday, a week after the Catalan Parliament approved the Law on Consultation Votes with 80% support. Mas will sign the decree surrounded by most of the leaders from the parties supporting November's vote and after having received the explicit support from 92% of Catalonia's municipalities. Besides, the Spanish Government will hold an exceptional Cabinet meeting on Monday (instead of waiting until Friday) to approve the two appeals against the new Catalan law and decree. The appeals will be filed to the Constitutional Court, whose plenary has then to decide whether it accepts them or not. If the Court accepts the appeals, the law and the decree will be temporarily suspended. The next Court's plenary is on the 7^th of October, but an extraordinary session could be organised this week.

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.

The City Council of Barcelona as well as 300 other town halls throughout Catalonia approved on Monday a motion supporting the self-determination consultation vote, scheduled for the 9^th of November. Some 400 other municipalities have confirmed they will do the same in the current week and more could join in the coming days. With this action, Catalan municipalities want to back the parliamentary agreement to carry out such a vote, which is being unilaterally blocked by the Spanish Government.  The motions will be sent to the Catalan Government, the Spanish Authorities, the European Union institutions and the United Nations. Town Halls throughout Catalonia are approving the same motion, which has been proposed by the Association of pro-Independence Municipalities (AMI) and the Catalan Association of Municipalities (ACM).

The Law on Consultation Votes, which will be used to call the non-binding consultation vote on independence scheduled for the 9^th of November, has been approved by 79% of the Catalan Parliament, with the only opposition being from Spanish nationalists People's Party (PP) and Ciutadans (C's). This bill was already foreseen in the 2006 Statute of Autonomy, Catalonia's main law after the Constitution, but it had not been approved yet. Now, once the law is published on Catalonia's Official Journal (DOGC), the Catalan President will immediately sign the Decree calling November's vote. The Spanish Government announced last week it already had two appeals ready to be filed to the Constitutional Court – even though the definitive law had not been approved yet. If the Constitutional Court accepts the appeals, it will immediately suspend the Catalan Law and the Decree for a 5-month temporary period, which could be extended until it reaches a final decision.