law

What can we expect as we approach the October 1 referendum on independence?

Government spokesman calls court’s stance ‘political and legal indecency’ and vows defense of amendment’s constitutionality

Exterior ministry publishes memorandum justifying the legislation and presenting it as ‘a democratic response’ to the ongoing conflict with Spain

The proposal to be taken to the Spanish Congress suggests modifying penal code to exempt those who help provide terminally ill with ‘safe, peaceful and painless’ death

The Commission for Economic Affairs adopts the draft law that could set the basis for a Catalan fiscal system separate from Spain's

The Spanish Constitutional Court (TC) has unanimously suspended a substantial part of the Catalan law for popular non-binding referenda, approved seven years ago in 2010. In particular, the magistrates have annulled the section which refers to calling a referendum at an autonomic level. They believe that this kind of referendum “is not foreseen in the Spanish Constitution nor in the State’s legislation”. Moreover, the TC has also decided to suspend the creation of the National Transition Advisory Council, a body created through a Catalan Government decree and aimed at beginning the necessary measures for completing Catalonia’s pro-independence process. In this fashion, the TC accepted the appeal presented by the Spanish Government, which claimed that the Catalan law for non-binding referenda was unconstitutional. 

The laws for “disconnecting” Catalonia from Spain will not become effective unless the ‘Yes’ to independence wins the 2017 referendum. The spokesman of radical left pro-independence CUP’s national secretariat, Quim Arrufat, said in an interview with the Catalan News Agency that “no step forward will be made unless it is supported through the ballot boxes”. According to Arrufat, all the disconnection laws (the Legal Transition, the Catalan Tax Office and the Social Security System regulations) will have a clause that will impede them from entering into force if the ‘No’ to independence achieves a majority in the referendum. The politician focused on the legal transition law, which foresees the process for the Autonomous Community of Catalonia to become an independent state. He specified that the regulation will be applied in two steps, as part of the law will have to become effective before the referendum in order to call it even if the Spanish Government blocks it. The other clauses would only come into force in case of a pro-independence majority in the referendum.

The Catalan Minister for Foreign Affairs, Raül Romeva, presented this Wednesday the draft of the Law on the Catalan Community Abroad, which is set to be passed in 2017. The Parliament rejected the two amendments of the whole bill submitted by Spanish Unionist ‘Ciutadans’ (C's) and the Catalan Conservative People’s Party (PPC) and therefore the law has now started its parliamentary process. The arrival of this bill in the Parliament is a step forward for the recognition of the Catalan community abroad, a historical demand. Romeva explained that its aim is “to recognise the Catalans abroad as subjects with rights and duties and addressees of the work of the Government”. One of the central aspects of the new law is the Register of Catalans living abroad, which Romeva described as “key”. “It should be the tool by which the Government can identify the citizens who live abroad”, he stressed. 

The appeal presented in April by Spain’s executive calling for the suspension of some articles of the Catalan law against energy poverty has been accepted by the Spanish Constitutional Court (TC). In particular, the magistrates have cautionarily suspended 8 articles mainly oriented toward avoiding evictions. According to the TC, the suspension is automatic and therefore the magistrates “couldn’t do anything” but accept the Spanish government’s appeal. The Catalan Government’s Spokeswoman, Neus Munté, stated that this suspension was “to be expected”. The TC’s decision comes two days after thousands of people rallied in Barcelona to protest over the Spanish court’s measures against numerous laws passed by the Catalan Parliament. 

The Catalan President Carles Puigdemont announced that the Government will prepare new legislation to protect the core policies of the social emergency law suspended by the Spanish Constitutional Court (TC). The new law will include “practical tools with legal security” that will “reformulate” the suspended articles of the legislation but “keep its spirit”. Drafting a new law was the main compromise of the social emergency summit organised on Tuesday by the Catalan Government, the local authorities and the main political parties in Catalonia following the Spanish Government’s legal challenge against the social emergency law. Puigdemont described the negotiations as “long, intense and very useful” and said that the new law is needed “to restore everything the Constitutional Court has suspended”. The meeting, he said, “wasn’t about political discrepancies but about showing that this issue concerns us all”.

Less than 24 hours after meeting with her Catalan counterpart, current Spanish Vice President Soraya Sáenz de Santamaría announced that some articles of the Catalan law against energy poverty will be taken before the Constitutional Court (TC). Thus, Catalan Vice President Oriol Junqueras’ demands for the Spanish executive to “reconsider” this procedure haven’t been listened to. However, Santamaría nuanced that those precepts which are in relation to guaranteeing the energy supply to those who may be at social risk are not affected by the suspension. On the other hand, some measures oriented toward avoiding evictions have been suspended. Catalan President, Carles Puigdemont, responded by saying that this measure leaves “in the open” the most vulnerable families.  

The law will first charge those vehicles emitting more than 160 grams of CO2 per kilometre and in 2020 the bar will be set at a lower level. “This is a law of a country which is committed to the global challenge that humanity is facing” stated the new Catalan Minister for Planning and Sustainability, Josep Rull. The aim is to reduce the level of emissions registered in 2005 by 25% before 2020 and “by 80% or even more” by 2050. Also this Tuesday, the 29 committees in the Catalan chamber for this term of office have been assigned presidents. 15 of them will be led by members of pro-independence cross-party list ‘Junts Pel Sí’, including the Committee for the Constitutive Process. Muriel Casals, former president of the cultural association promoting the Catalan language and culture, Òmnium Cultural, will be head of this committee set up to design the roadmap towards independence.

Spaniards living abroad will have more time to vote in the 20-D Spanish Elections. Spain’s Electoral Roll Office has twice agreed to extend the deadline for the postal vote: first it was extended from the 12^th of December to the 16^th, and this Wednesday the Spanish bodyhas announced its extension to the 18^th. The aim is to improve a system which was described as “an authentic odyssey” by the Catalan Minister for Public Administration Meritxell Borràs when more than 200,000 Catalans whom were registered to vote in the 27-S Catalan elections couldn’t ultimately do so. This decision to facilitate the vote for the 20-D Spanish Elections contrasts with the Spanish body’s failure to do so for those Catalans living abroad who repeatedly requested an extension of the deadline for voting in the 27-S Catalan elections. 

The magistrates of the Spanish Constitutional Court (TC) have unanimously declared the Parliament's declaration of independence unconstitutional and, therefore, invalid. The TC has considered that the agreed pro-independence proposal approved by the Parliament on the 9^th of November violates core articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law" and also "attacks the Rule of Law". The TC has made its decision only 22 days after the appeal presented by the Spanish executive was accepted, which makes this resolution the fastest in the TC's history. On the other hand, the appeals against Spanish Government's abortion reform, led by People's Party (PP), are waiting for a resolution since 2010.  

The Spanish Constitutional Court (TC) announced this Wednesday the acceptance of the appeal made by the Spanish government to stop the reform of Catalonia’s Tax Agency. The TC declared “invalid and unconstitutional” article 4 of Law 9/2015, which stipulated that all those civil servants who want to be eligible for a position in the body would need to have permanent positions in Catalonia. According to the law reform, those “officials who are assigned duties substantially matching those of the body and who already hold permanent positions within Catalonia’s borders”would be eligible to voluntarily join the Catalan Tax Agency through specific selection processes. The Spanish government’s appeal claimed that the proposal was against “the right of all Spanish citizens to access the entity under the same conditions”.