durao barroso

The 2014 European parliamentary elections are likely to become a milestone for Catalan people for three main reasons, which taken together send a strong message to the international community, the EU institutions and Member State governments, including that of Spain. Firstly, political parties and civil society organisations supporting self-determination have called citizens to vote in these elections as a way to push for a referendum on independence to take place on the 9^th of November of this year. This may significantly increase turnout from the low 36.94% registered in 2009. Secondly, the two main self-determination parties are likely to be the most voted parties in Catalonia. In addition, the Left-Wing Independence Party (ERC) may go from 4^th place in the 2009 poll to 1^st place this time around. Thirdly, support for the two main parties behind the EU austerity measures that turned into drastic budget cuts in southern Europe – the People’s Party and the Socialist Party – is likely to plummet in Catalonia.

A Spokesperson for the European Commission was asked on Tuesday about the report issued on Monday by the Catalan Government's Advisory Council for National Transition, which stated that EU Treaties did not include any provision regarding the secession of a Member State and therefore the final decision would be a political one, following economic interests. They stated that the most likely scenario would be setting up transition measures guaranteeing the continuity of EU Law, Schengen and the Euro, while Catalonia's definitive EU membership was being negotiated. The European Commission - which acknowledged it only knew the report from the press – repeated that it will only give an analysis "upon the request of a Member State" and "on the basis of a detailed scenario". However, it also stated that "if a part territory of a Member State secedes", "EU Treaties no longer apply from the day of its independence" as it becomes "a third country". The Commission did not state the procedure, nor whether transition measures could guarantee the continuity of EU agreements.

An independent Catalonia would benefit from transition measures that would guarantee the continuity of European Union agreements, thus staying within the Schengen Area and the Euro Zone. This is the most likely scenario in the event of independence, according to the Catalan Government's Advisory Council for the National Transition (CATN), which is a body formed of independent and prestigious academics. The CATN is issuing a series of reports on different aspects related to a hypothetical independent Catalan state. This expert group emphasises that there is "no legal basis" to conclude that Catalonia would be automatically expelled from the EU the moment it became independent, or to state that it would automatically join the Union as a new Member State. There is no provision in the Treaties and there are no precedents. The report concludes that Catalonia's EU membership will be decided in a negotiation process where political and economic interests will be at play.

The Spanish Government replies that dialogue can only take place “within the law” and respecting “the national sovereignty”, “two red-lines” that cannot be questioned. The Catalan Government said the Commission should consider Catalonia as “a very good ally to build Europe’s future”. The day before, in Barcelona, Viviane Reding, European Commissioner for Justice, had asked the Spanish and Catalan authorities “to talk” with “an open attitude” and “without red-lines” in order to remain “united”. The European Commission broke its supposed neutrality in the political conflict regarding Catalonia’s future within Spain, despite it officially considers the issue to be Spain’s internal affair. The Commissioner for Justice, Citizenship and Fundamental Rights acknowledged “to understand” the Catalan claims, but she refused to say whether citizens should be allowed to hold a self-determination vote. However, she stated that if independence was declared, Catalonia would no longer be part of the EU.

“An independent Scotland would have a right to become a Member of the EU” as “territorially [it] is part of the EU […] and the Scots are European citizens”. Such were the words of Jim Currie, the former European Commission’s Director General for Environment, before a Scottish Parliament Committee on European and External Relations on Thursday. Currie also said that the President of the European Commission, José Manuel Durão Barroso, had given “extremely unwise” and “inaccurate” comments last Sunday, by claiming that it would be “extremely difficult, if not impossible” for a hypothetical independent Scotland to join the EU. Meanwhile, the Chief Executive of the Brussels-based think tank European Policy Centre, Fabian Zuleeg, stated it was “very difficult” to see EU Member States vetoing the application of an independent Scotland to join the Union.

The prestigious publication reacted to the speculations on the inclusion of independent Catalonia and Scotland in the EU. “It is wrong to insinuate that newly independent states could never join the EU”, stated ‘The Economist’ in its latest edition. However, the British magazine also stressed that these two cases have no precedents in Europe and therefore warned that it would be “dishonest to pretend that accession would be quick or easy” for the two nations. Indeed, according to the EU officials quoted in the article, “it would take at least four to five years to negotiate and ratify” Catalonia and Scotland’s EU full-right membership. ‘The Economist’ also scolds the President of the European Commission for having compared the “peaceful referendums in western Europe” to the “violent break-up of a Balkan country”.

The Spanish Prime Minister, Mariano Rajoy also said that an independent Scotland would be “out of the European Union, the United Nations and all the applicable international treaties for being part of the UK”. Regarding the Catalan Parliament’s bill to formally request the transfer of the powers to organise referendums to the Catalan Executive, based on Article 150.2 of the Constitution, Rajoy has categorically rejected the idea. He stated that his stance on Catalonia’s self-determination “is clear” and “does not include nuances”. In addition, Rajoy said that he is “always open to dialogue” but that “it is impossible to talk” with Catalonia because of “a continuous process of unilateral decisions”. Furthermore, the Deputy Prime Minister insisted that a self-determination vote “cannot take place” and “goes against the Constitution”.

The President of the European Commission, José Manuel Durao Barroso, has responded to the letter sent in December by Artur Mas, the President of the Catalan Government. Mas had informed Barroso and the leaders of the EU Member States about Catalonia’s self-determination process and the recent agreement to organise a consultation vote on the 9^th of November. The Commission President “thanked” Mas for his letter and the information about “the latest political developments in Catalonia”. However, he rejected issuing further comments “on a question of internal organisation related to the constitutional arrangements in the Member States”. Furthermore, concerning Catalonia’s EU Membership, Barroso “recalls the position […] expressed on several occasions”.

However, the Commission also clarified Barroso’s words from late August. A Commission Spokesman said hours before the kick off of the independence demonstration that in the case of secession from Spain, Catalonia would no longer be part of the EU. A negotiation process to join the EU would be required. However, other EU sources stated that the hypothetical new state may have the same benefits of a “transitional” member. They also added that the accession process would be “faster and easier”. Catalan citizens have been net contributors to the EU for decades and are currently considered European Citizens, but this is “additional”, according to Barroso.

Until now, the EU was refusing to openly discuss the issue and was stating it was strictly an internal matter to be solved within Spain. The President of the European Commission, José Durao Barroso, admitted that “in the hypothetical case of a secession” of Catalonia “the solution should be found and negotiated within the international legal framework”. In this new scenario, Catalonia would not automatically be a member of the EU but this would be part of the negotiations. Barroso was ambiguous about the future of the European citizenship Catalan citizens currently have and said that “EU citizenship is additional”.