law

Spanish Constitutional Court Law reformed to suspend those who don’t comply with its rulings

October 16, 2015 03:10 PM | ACN / Sara Prim

The Spanish Senate approved this Thursday the reform of the Spanish Constitutional Court (TC) Law to be able to fine and suspend from office those public servants, politicians and authorities who don’t comply with its rulings. The reform proposal was announced a month ago by the People's Party (PP) leader in Catalonia, Xavier García Albiol, and was approved as a matter of urgency. Albiol stated that this amendment to the Constitutional Law will work as a barrier to dissuade “anybody from declaring Catalonia’s independence”. According to the Spanish executive, the new law will "guarantee" that the TC stops "those who want to break Spain" from doing so. The entire opposition has described the reform as "an electoral act" and accused the PP of "manipulating the Spanish justice system with political motivations". The reform was approved with 143 votes in favour, 80 against and 1 abstention and will become effective in the following days, once it is published in Spain's Official Journal (BOE). 

Merkel says it is necessary to “respect EU treaties” regarding Catalonia’s independence process

September 1, 2015 08:05 PM | ACN / Shobha Prabhu-Naik

The German Chancellor, Angela Merkel, has assured that her position on the process of sovereignty in Catalonia is "very similar" to that of the Spanish Prime Minister, Mariano Rajoy, addressing the issue at a bilateral summit held on Monday and Tuesday. In a joint press conference, Merkel emphasised the necessity to "respect" EU treaties that "guarantee the sovereignty and territorial integrity of each state". "It is very important that international law is respected. Here there is no difference", she said in response to journalists' questions. For his part, Rajoy guaranteed that whilst he is Prime Minister, there will be "no split" between Catalonia and Spain.

Automatic expulsion from the EU of an independent Catalonia "unrealistic" say experts

June 11, 2015 09:18 PM | ACN

International experts have participated in a day of debate over the hypothetical scenarios and the possible consequences regarding membership or expulsion from the European Union of an independent Catalonia. The panellists ruled out automatic expulsion, as well as automatic membership, in any scenario. Graham Avery, Senior Adviser of the Brussels-based think tank European Policy Centre (EPC), underlined that "the most important" element in deciding what would happen to an independent Catalonia would be "the process" through which it achieves this independence. If it was carried out with the agreement of the Spanish Government, the transition towards full EU membership would be quite fast and smooth. If it was done unilaterally, then a wide range of scenarios are possible, with risks and costs rising. However, a majority of experts have stated that even in the worst case scenario, the costs would not be as high as the Spanish Government is saying. In addition, they affirmed that the EU is likely to adopt a pragmatic approach and that a transition regime is likely to be set up, with basic policies and freedoms not being interrupted.

Spanish Government appeals against Catalonia's External Action Law because it "is not a state"

March 6, 2015 09:52 PM | ACN

The Spanish Government approved on Friday to take to the Constitutional Court Catalonia's Law of External Action and Relations with the EU and the opening of delegations in Vienna and Rome. The Spanish Executive will appeal against the law despite it being foreseen by the Catalan Statute of Autonomy – approved by the Spanish Parliament and the Catalan people through a binding referendum in 2006. This is Catalonia's main law after the Spanish Constitution and recognises the Catalan Government's right to carry out its own external action abroad. However, in the current debate about Catalonia's independence, the Spanish Government is reiterating its 'no-to-everything' attitude and recentralisation strategy and has appealed against the law approved by the Catalan Parliament on 26 November last.

Catalan Government wants to have a network of “about 50 delegations” abroad in “a few years”

February 2, 2015 10:51 PM | ACN

The Catalan Government’s Deputy Minister for External Affairs, Roger Albinyana, announced the Executive’s aim to have a network of “about 50 delegations” throughout the world, representing Catalonia’s political, business and cultural interests abroad. The Catalan Government currently has 7 delegations abroad, after the new representations in Rome and Vienna start to work on Monday, when the representatives were appointed. The 5 others are located in Brussels, London, Paris, Berlin and Washington. In the coming “months and years”, the Catalan Government will continue to open new delegations. Regardless of the hypothetical independence from Spain, the Catalan Executive already has the powers to have its own External Action policy, recognised by the Catalan Statute of Autonomy from 2006, although with many limitations.

Catalonia defends its retail opening hours law after Spanish Government’s appeal

January 30, 2015 12:43 AM | Jordi Julià

The Catalan Parliament delivered a petition to the Constitutional Court in order to defend the Catalan law on opening hours for shops, which is more restrictive than the Spanish one. Catalonia is trying to preserve its small urban shops model, where most of the shops are run by families. The Spanish Government passed a reform in 2012 forcing Catalonia to allow longer opening hours. In 2013, the Catalan Executive promoted a new bill to invalidate the Spanish one. The new law was approved with 80% support in the Catalan Parliament in January 2014, but the Spanish Government appealed against it a few months later, and the Constitutional Court suspended the Catalan text in late 2014. 

Catalonia approves special status for Occitan Val d’Aran, including its right to self-determination

January 21, 2015 09:09 PM | ACN

The Catalan Parliament approved on Wednesday the Law on the Val d’Aran’s special status within Catalonia, recognising its “Occitan national reality” and its right to self-determination. This small Pyrenean valley, surrounded by high peaks and located in Catalonia’s north-western corner, is the last land where the Occitan language is widely spoken, although it is called Aranese there. The Val d’Aran County has had a certain degree of self-rule within Catalonia since 1990, further recognised with the Catalan Statute of Autonomy from 2006. In addition, since September 2010, Aranese is Catalonia’s third official language, being the preferred language in this county. The law approved this Wednesday develops and consolidates the Val d’Aran’s special regime, with its own powers of self-rule and structures. In order to enter into force, it will have to be approved through referendum by the less than 11,000 inhabitants of the valley.

 

1.4 million Catalans signed international complaint against Rajoy for banning self-determination vote

January 19, 2015 11:50 PM | ACN

The document will be sent to the United Nations, the European Parliament, the European Commission, the Council of Europe and the Organization for Security and Co-operation in Europe (OSCE). The Spanish Government “violates the Catalan people’s right to decide its own political future and bans the exercise of democracy through a referendum or an internationally standardised consultation vote”, reads the complaint, signed by 1,386,628 citizens and 3,703 elected representatives such as mayors and MPs. They complain about the “Spanish Government’s anti-democratic attitude”, which ignored an electoral mandate from 2012 to hold a legal and binding self-determination vote in Catalonia, among other facts. The signatures were collected during the symbolic vote on independence held on 9 November by the civil society organisations Catalan National Assembly (ANC) and Òmnium Cultural, as well as by the Association of Municipalities for Independence (AMI). 

Private companies to be created within 2 days in Catalonia

December 16, 2014 08:26 PM | ACN

The Catalan Government has issued the Bureaucratic Simplification Law, which should speed up the creation of new private businesses. The new bill should make things easier for 75% of new business initiatives, according to the Catalan Minister for Business and Employment, Felip Puig. He explained that entrepreneurs carrying out innocuous or low-risk activities will be able to create a new company and start working within 48 hours, after having signed a responsibility statement, registered the new company and made sure that their premises respect all the regulations. Therefore, it will be the entrepreneurs' responsibility to make sure that the new business respects the legal framework, setting up "a framework of trust" between the entrepreneurs and the Government, said Puig. Once the business activity launches, public bodies may run inspections to make sure everything is in order.

Spain’s Judicial Power will not punish 33 judges that supported Catalonia’s right to self-determination

December 4, 2014 09:20 PM | ACN

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) has finally stated that the 33 judges who signed a manifesto supporting Catalonia’s right to self-determination in March did not break any norm. According to the CGPJ’s statement released on Thursday, from “a strictly legal” point of view, the 33 Catalan judges – some of them very senior – were expressing “an opinion on an issue of legal, social or political interest” and such an action “is protected by fundamental freedoms such as the freedom of expression and opinion, guaranteed by Article 20 of the Constitution”. Therefore, the CGPJ has filed the case and will not take disciplinary actions against them, after an extreme-right and Spanish nationalist organization, Manos Limpias (which has nothing to do with its Italian homonym), had filed a criminal complaint against them. 

Catalonia approves a tax on Internet providers and an external relations law

November 26, 2014 09:54 PM | ACN

On Wednesday the Catalan Parliament passed two important bills. With 74% support, it has approved the Law of External Action and Relations with the EU. Only two parties voted against it, the Spanish nationalist People’s Party (PP) – which runs the Spanish Government – and Ciutadans (C’s). A third party, the alternative left and radical independence party CUP, abstained because it considered that the law was not “ambitious enough”. All the rest supported the bill, which mainly puts in order the existing bodies and mechanisms, although it also creates some new ones, in line with the Catalan Government’s powers in this area, recognized by the Catalan Statute of Autonomy. The other bill is the tax on Internet suppliers, which aims to fund the Catalan audiovisual sector, affected by Internet piracy. No party voted against it. The new tax aims to collect some €20.5 million per year and it is welcomed by the cinema industry, and rejected by the main Internet suppliers.

Catalan representatives to send a complaint to international organisations against Spanish Government for blocking self-determination

November 5, 2014 09:20 PM | ACN

More than 200 elected members of the European, Spanish and Catalan Parliaments and municipal councils from Catalonia have presented and started to sign on Wednesday an international complaint against the Spanish Government that will be sent to the United Nations, the European Parliament, the European Commission, the Council of Europe and Organization for Security and Co-operation in Europe (OSCE). They are formally accusing the Spanish Government of "violating the right of the Catalan people to decide on its own political future" and "banning the exercise of democracy ". They list reasons of democratic legitimacy, stress the sustained self-determination demands and highlight the manifold Catalan attempts to negotiate and hold a legal vote. They also emphasise the Spanish Government's total blocking attitude and they announce that Catalan representatives "feel legitimate to launch all the necessary political and legal actions". Finally, they also ask those international organisations to act in order "to guarantee that Catalonia's citizenry can democratically decide on its future".

Catalan Government requests Constitutional Court not to accept Rajoy's appeal against November 9's vote

November 3, 2014 08:12 PM | ACN

On Monday the Catalan Government filed a complaint to the Constitutional Court by which it requested the rejection of the Spanish Executive's appeal against the alternative and non-binding consultation vote on independence scheduled for the 9th of November. The Catalan Executive accuses the Spanish Government of "abuse of power and abuse of the legal process" since it is filing an appeal instead of filing a mere execution incident in order to force the Court's automatic  suspension of the alternative vote and stop citizens from expressing their opinion. According to the Catalan Minister for the Presidency, Francesc Homs, the Spanish Government cannot argue that Catalan authorities are disobeying the temporary suspension of the original consultation vote and at the same time file a new appeal on this same matter. When the Constitutional Court accepts an appeal from the Spanish Government, the object being appealed against is automatically suspended until a final decision is reached.

Potential pro-independence coalition after Catalan elections turned into independence plebiscite

October 16, 2014 09:11 PM | ACN

After the cancellation of the original consultation vote scheduled for the 9th of November, parties are preparing for hypothetical early elections, transformed into a de facto referendum on independence. The parliamentary stability alliance between the governing centre-right pro-Catalan State coalition CiU and the opposition left-wing Catalan independence party ERC is seriously damaged. This affects the approval of the Catalan Government's budget for 2015 and a potential electoral alliance in such a plebiscite on independence. CiU, formed by the Liberal CDC and the Christian-Democrat UDC, and social-democrat ERC were the three main parties within the pact for the consultation vote scheduled. As preparations for the 9th of November would have required breaking Spanish law, tensions between them were raised. After the pact was broken, there have been efforts to work together again on different fronts, while UDC is looking for new allies.

Spanish Government is preparing appeal against not-yet-approved Catalan law on consultation votes

August 28, 2014 09:35 PM | ACN

With the aim to stop Catalonia's self-determination vote, the People's Party (PP) has confirmed that the Spanish Government is already preparing two appeals to the Constitutional Court against two legal measures that have not yet been approved. The Government chaired by Mariano Rajoy is preparing a first appeal against the Catalan Law on Consultation Votes, which should be approved in mid-September. This law will be the legal base for the self-determination vote, scheduled for the 9th of November. Rajoy's second appeal is against the Catalan President's formal call to hold the independence consultation vote; a call that would be issued after the approval of the Consultation Vote Law. With these two appeals against two legal means that still do not exist, and whose exact wording is therefore still unknown, the Spanish Government is looking for the Constitutional Court to temporarily cancel the law and the call, and therefore stop November's vote from happening.