independence

Spain’s Public Prosecutor, Consuelo Madrigal, urged Catalonia’s Supreme Prosecutor, José María Romero de Tejada, to file a complaint against Parliament’s President, Carme Forcadell. Madrigal accused Forcadell of alleged perversion of justice and disobedience for allowing the pro-independence roadmap to be put to vote in July. However, she dismissed the misappropriation of public funds, which dispels the possibility of applying criminal charges. Thus, the Catalan Supreme Court (TSJC) will be in charge of these proceedings, together with those for the 9-N symbolic vote on independence in 2014, which have to resolve whether former Catalan President, Artur Mas and former ministers Joana Ortega and Irene Rigau are liable for ignoring the TC’s resolutions and allowing the 9-N to take place.

The Catalan President, Carles Puigdemont and the Parliament’s, Carme Forcadell, received this Tuesday the notice issued by the Spanish Constitutional Court (TC) which suspends the conclusions of the Committee to Study the Constitutive Process. Four deputy clerks delivered the documents which warn that if the Parliament and the members of the Parliament’s Bureau ignore the resolution they “will be liable for responsibility, including criminal charges”. The TC also urges the Public Prosecutor to proceed with the corresponding actions against Forcadell. Last August, the TC suspended Catalonia’s pro-independence roadmap, ratified by the majority of the Parliament, claiming that the conclusions of the Committee to Study the Constitutive Process, the group responsible for designing Catalonia’s strategy towards independence, violated the Spanish Constitution. 

Spain is failing in transparency and judicial independence. According to the Group of States against Corruption of the Council of Europe (Greco), the Spanish Government has not satisfactorily applied any of the eleven recommendations made by the Council of Europe (CoE) in 2013, which aimed at promoting the fight against corruption and guaranteeing judicial independence. In a report published this Monday, Greco states that it is “key” to increase “transparency of communication between the Prosecutor General and the Government”. Moreover, it warns that it is “crucial” that the General Council of the Judiciary (CGPJ) in Spain is “not only free, but also seen to be free from political influence”. The text also stresses that “political authorities should not be involved, at any stage, in the selection process of judicial staff".

The Catalan Chamber passed on Thursday the pro-independence forces’ agreed proposal to call a vote on independence in Catalonia by September 2017. Governing cross-party list ‘Junts Pel Sí’, radical left CUP and alternative left alliance ‘Catalunya Sí que es Pot’ allowed the bill to go through. According to the bill, the referendum has to be “binding” and based on a “clear” question and a “binary” answer. In the event that ‘yes’ to independence wins, the bill foresees calling constitutive elections in March 2018. The document also establishes that “lack of agreement with the Spanish State” is not a reason for the referendum to be rejected. The Parliament also passed the ‘Catalunya Sí que es Pot proposal to hold a referendum “with real political and legal effects” and launch the necessary initiatives “before the Spanish State”. Spanish Unionist ‘Ciutadans’, the Catalan Socialist Party (PSC) and the Conservative People’s Party (PP), refused to vote, considering the proposals to have emerged from resolutions which have been suspended by the Spanish Constitutional Court (TC).

The Catalan Parliament’s President, Carme Forcadell, may face criminal proceedings. The Spanish Constitutional Court (TC) has this Thursday upheld the complaint issued by the Spanish Government and has urged the Public Prosecutor’s Office to determine whether Forcadell committed a penal crime when disobeying the TC’s rulings and allowing the pro-independence roadmap vote last July. The resolution of the TC, approved by unanimity, asks to open criminal proceedings but does not contemplate the dismissal of Forcadell, a measure the TC could apply after a People’s Party (PP) reform in 2015 gave it the power to do so.  

Governing cross-party list ‘Junts Pel Sí’ and their main partner in the Parliament, radical left CUP are putting the final touches to a referendum proposal. Both pro-independence forces have agreed to hold a vote by September 2017 “at the latest” and base it on a “clear question” which could be answered with ‘yes’ or ‘no’ (to independence). Although earlier this week CUP suggested holding the referendum next July, the radical left party admitted that it is not “for them alone to decide”, CUP MP Anna Gabriel said this Wednesday in an interview with Catalan television TV3. Gabriel also insisted that the referendum will be held “regardless of the Spanish State’s refusal”. In this vein, Gabriel considered that calling a referendum agreed with the Spanish State has to be regarded as “a technique” for the international audience.  

Catalan President, Carles Puigdemont, insisted on the Government’s will “to collaborate with a Spanish State which would allow Catalans to vote”, but warned that the offer to hold a binding referendum on Catalonia’s independence “doesn’t expire, but [it] won’t paralyse us either”.“It’s either a referendum or a referendum”, he stated before the Parliament during the first phase of the vote of confidence and forecast that the vote will take place “in the second half of September”. The Catalan President called on MPs to start “a chain of confidence which will not end tomorrow [when the vote of confidence will take place] but continue until Catalonia becomes an independent country”. In this sense, he warned those who won’t support the budget for 2017 not to support him on Thursday and “avoid further wasting of time”. Although Puigdemont assured that he was “not afraid” of the vote of confidence result, he also insisted that he will call new elections if he doesn’t obtain enough votes.

Catalan President, Carles Puigdemont, will face this Wednesday the first phase of a vote of confidence. First he will hold a speech during which he is expected to call for an agreed referendum in order to culminate Catalonia’s pro-independence process. On Thursday, the different groups in the Catalan Chamber will decide whether to renew their support in the President or not. For Puigdemont to pass the vote he needs a simple majority, that is to say more ‘yeses’ than ‘noes’.  Puigdemont announced in June that he will submit to a vote of confidence this September, after CUP’s veto of the budget for 2016. He considered then that the Government, led by pro-independence cross-party list ‘Junts Pel Sí’ with the support of CUP, didn’t have “guaranteed stability” and therefore couldn’t rule.

This Thursday is the first anniversary of the Catalan Elections of the 27th of September 2015, which led to the first pro-independence majority in the Parliament. Cross-party list ‘Junts Pel Sí’, which gathered together representatives from civil society and politicians such as left wing ERC’s leader, Oriol Junqueras, former MEP Raül Romeva and former President Mas, amongst others, won the elections, obtaining 62 MPs in the 135-seat Catalan Chamber. However, they didn’t obtain an absolute majority and negotiated with radical left pro-independence CUP, who got 10 MPs, in order to have a majority in favour of independence in the Catalan Chamber. After Mas failed twice to be invested as President, since CUP repeatedly refused to support him, former Mayor of Girona and President of the Association of Municipalities for Independence (AMI), Carles Puigdemont, emerged as the candidate of consensus. Then, a term of office defined as ‘exceptional’ started, with the aim of launching a pro-independence roadmap and putting in place the basis for the future Catalan Republic.

The Catalan President, Carles Puigdemont, will face a vote of confidence this Wednesday to decide whether the Parliament renews the confidence in the current Government or new elections are called. Although radical left pro-independence CUP has already announced that they will support Puigdemont, former liberal party ‘Convergència’ now the Catalan Democratic Party (PDC) warned that the call for a unilateral referendum cannot be a red line to renew the confidence in the President. Moreover, the party asked the CUP to show "a sense of state, loyalty and unity" to complete the process towards independence. On the contrary, the Catalan Socialist Party (PSC) warned the PDC that if the vote is orientated towards the pro-independence roadmap, they will not renew their confidence in Puigdemont.

The leader of the Spanish Socialist Party (PSOE), Pedro Sánchez, will not offer the Catalan Government a referendum on independence in exchange for his investiture, said the Catalan President, Carles Puigdemont. The politician stressed during an interview on Thursday that PSOE backbenchers are already warning Sánchez against this possibility, despite the leader having not made any move in that direction. The General Coordinator of the Catalan Democratic Party (PDC), Marta Pascal, stated on Wednesday that the referendum is a “red line”. “We will not sit at the negotiation table unless the referendum issue is solved”, Pascal said, while stressing that there will be “no chance” to debate Sánchez’s investiture if Catalonia’s right to a referendum is not recognised.

Catalonia’s Supreme Court said that Altafaj, head of the Catalan Government Delegation in Brussels, cannot use the title of Permanent Representative to the European Union. The judicial decision came after a complaint by the Spanish Government, which considers that such a title can only be used by member state diplomats. “There is nothing against the Catalan Government having a representative to the European Union or my current role”, said Altafaj. The Catalan diplomat in Brussels described the case against his title as “absurd”. “I am representing the Catalan Government to the EU with more determination than ever”, he said.

The former Catalan Minister and Catalan Democratic Party (PDC) spokesman in the Spanish Parliament, Francesc Homs, testified on Monday before the Spanish Supreme Court. The politician is being investigated for co-organising the 9-N symbolic vote on independence in 2014. During his testimony the former Mminister stated that the consultation was “legal” because it “corresponded to the Catalan Parliament mandate”. Moreover, Homs claimed that the main Spanish institutions are not acting with autonomy but are rather “copycatting People’s Party interests”. “The sentence has been already been dictated” and “it is going to be condemnatory and not absolving”, said Homs with regret.

The former Catalan Minister and Catalan Democratic Party (PDC) spokesperson in the Spanish Parliament, Francesc Homs, is testifying this Monday in the Supreme Court for co-organising the 9th of November 2014 informal consultation on independence. The politician arrived at the Court accompanied by former Catalan President, Artur Mas, who, together with other Catalan Ministers, is also facing trial on charges of disobedience and perversion of justice. Homs has been summonsed “for listening to people’s demands and putting out ballot boxes” for the 9-N symbolic vote, the Catalan President, Carles Puigdemont, said with regret.

The Spanish Government won’t file a criminal complaint against the Catalan Parliament’s President, Carme Forcadell, at least until Spain’s Constitutional Court decides on her suspension from office. After a reform passed by the People’s Party (PP) in 2015, the Court has the competency to dismiss public representatives and impose fines on them if they disobey a resolution. The Spanish Government filed a complaint against Forcadell over the declaration adopted by the Catalan Parliament last July that introduced a “democratic unilateral mechanism” to split from Spain. The Spanish Deputy Prime Minister, Soraya Sáenz de Santa María, stated this Friday that this is the “main procedure” for now.