justice

Declaration of independence preemptively suspended by Spanish Constitutional Court

Catalá states that Article 155 of the Spanish Constitution will be enforced even if the Catalan president calls for snap elections

The Superior Court of Catalonia ruled that security duties will be shared with Spanish Police

More than 66,000 families will receive the certificate absolving those who were prosecuted for political motives during the dictatorship

Catalan police handling of the attacks' communication, in four languages and always urging calm, praised by citizens and politicians

A fortnight after dockworkers call off industrial action, EU Court of Justice calls Spanish government’s failure to liberalize ports ‘serious’

DocsBarcelona International Festival celebrates its 20th Edition between May 18th and May 28th. The festival now lasts ten days instead of five, so that this year’s edition can include a record 90 documentaries. One of the most outstanding films is the Catalan-German production ‘Hacking Justice’ which tells the story of Spanish judge Baltasar Garzón, who fought to prove the innocence of ‘Wikileaks’ founder, Julian Assange. DocsBarcelona received over 500 projects from 65 different countries worldwide, a figure which represents a 14% increase in the number of submissions in comparison to last year, consolidating the festival at an international scale.

Former Catalan Minister for Presidency and Catalan European Democratic Party (PDCeCAT) spokesperson in the Spanish Parliament, Francesc Homs, testified before the Spanish Supreme Court this Monday over the 9-N symbolic vote on independence, which took place in 2014. Homs responded to the Public Prosecutor’s accusation of disobedience and perversion of justice for co-organising the consultation and insisted that the resolution from the Spanish Constitutional Court (TC) “was not concrete”. Moreover, he assured that the executive “couldn’t do any anything else” but allow the symbolic vote to take place, since “ideological freedom and freedom of speech were at stake”. Homs said he admitted to “all the acts” he is accused of “and even more”, but doubted that they “constitute a crime”. In early February, former Catalan President, Artur Mas, and former Catalan Ministers Irene Rigau and Joana Ortega already testified before Barcelona’s High Court over the same case.

The pro-independence referendum in Catalonia, expected to take place in September next year, may be accelerated depending on Spain’s attitude towards Catalonia. “If the Spanish Government accelerates decisions against the Catalan institutions, we should find a solution somehow”, Catalan Vice President and Minister for Economy and Tax Office, Oriol Junqueras stated this Friday. In an interview with Catalunya Ràdio, Junqueras also admitted to “not having a clue” whether Spain’s executive will offer a political solution for Catalonia soon and lamented that the supposed willingness to dialogue expressed by the Spanish Government started by proceeding with the prosecution against Parliament’s President, Carme Forcadell, for allowing the Chamber to debate on independence.

The Catalan Government paid tribute last Sunday to the 309 victims and their families that have been recognised as victims of Franco’s regime since 2009, the last time such a ceremony took place. During the event, which took place in Universitat de Barcelona’s auditorium, the Catalan Minister for Foreign Affairs, Raül Romeva compared “with due respect to the obvious differences” the justice of Franco’s dictatorship and that of the current Spanish State. “Today there are still echoes of the Francoist melody” he said, referring to the “interference of the Spanish Government in the judicial system”. Moreover, Romeva stated that despite having overcome the Francoist dictatorship, which reigned in Spain from 1939 until the dictator’s death in 1975, it still has to be proved whether Spain’s democracy “is worthy of the name”.

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 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 has decided to take the Catalan Law on Empty Houses, the Catalan Law for Local Government and the Catalan Law on Equality between Men and Women to the Constitutional Court. The executive in Madrid has announced this only two days after a meeting between Spanish President Mariano Rajoy and Catalan President Carles Puigdemont in which both leaders agreed on trying to reduce the number of litigious cases between the administrations. With these appeals, the number of Catalan laws challenged by the Spanish government in the Constitutional Court tops 30. Once the appeals are accepted by the Court, the laws will be automatically temporarily suspended.

Spain’s justice has “room for improvement” especially regarding the “number of administrative cases pending” and the “clearance rate” for civil and commercial litigation. This is what the EU’s Commissioner for Justice, Vera Jourova, stated this Monday at the presentation of the 2016 EU Justice Scoreboard, a document which gives a comparative overview of the efficiency, quality and independence of justice systems in the EU Member States. “Perceived judicial independence” of Spain’s courts and its magistrates is the sixth lowest of the 28 Member States and 56% of the citizens and companies surveyed considered it “fairly bad” or “very bad”. Only Slovenia, Croatia, Italy, Bulgaria and Slovakia got worse marks. “Interference or pressure from government and politicians” is the main cause of this bad perception of judicial independence.

The European body expressed its concerns regarding the use of Catalan and the Spanish State’s other “regional languages” in the administration of justice and in the health service. The Council of Europe called on the Spanish State to “modify the legal frame” and “guarantee that an appropriate proportion of the administration of justice’s workers” has a “practical knowledge” of the Catalan language. The European body, composed by 47 European countries, approved this Thursday “six recommendations” to solve “some important problems” and make sure that the Spanish State respects the European Charter for Regional or Minority Languages.This is the fourth report of this kind, after similar ones were written in 2005, 2008 and 2012. It states that the situation “has improved considerably” in the last four years, especially due to the Autonomous Communities’ efforts.