law

Parties supporting self-determination vote collectively reaffirm their will to vote on November 9

August 20, 2014 09:27 PM | ACN

After the controversy of the last few weeks about whether the independence consultation initially scheduled on the 9th of November might be postponed if the Spanish authorities were to ban it, the 4 Catalan Parliament groups supporting this vote appeared together on Wednesday and reinstated their commitment to such a consultation. They reaffirmed their unity of action and their will to vote even if the Constitutional Court bans the call, based on the Law on Consultation Votes to be approved by the Catalan Parliament in September. Leading figures from the governing centre-right pro-Catalan State coalition CiU, the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the radical left and independence party CUP emphasised that the "people had democratically elected to decide on their collective future through the polling station".

Rajoy doesn't offer an alternative and Catalan President will call self-determination vote anyway

July 30, 2014 09:29 PM | ACN

The President of the Catalan Government, Artur Mas, and the Spanish Prime Minister, Mariano Rajoy, finally met this Wednesday in Madrid to talk about the self-determination process and also about economic, social and institutional issues. Mas told Rajoy that a majority of the Catalan Parliament plans to hold a self-determination vote on the 9th of November and they want to do it "reaching an agreement with the Spanish Government and within the legal framework". However, if Rajoy rejects negotiating such an agreement, Mas will use the Catalan legal framework to organise a legal vote. Rajoy emphasised that the consultation vote "is not legal and will not be legal" and therefore "will not take place". However, the Spanish PM did not present any alternatives to modify the current status quo. Besides, Mas presented Rajoy with a document with 23 issues not related to self-determination, such as Catalonia's under-budgeted public services, pending infrastructure works, and the Education Reform.

‘The New York Times’ editorial: Catalan secession claims are

March 12, 2014 08:04 PM | ACN

In its editorial on Wednesday, the prestigious ‘The New York Times’ has dissociated the current situation in Crimea and its secession from Ukraine from the independence processes in Catalonia, Scotland and Quebec. The editorial article, which demands European Union countries to impose economic sanctions on Vladimir Putin's Russia, states that the Catalans, Scots and Quebecers “have shown there are legitimate ways to raise” the secession issue. The American newspaper criticized Crimea for its “phony referendum” with a “foreordained” outcome, organised in an express way just as Russian soldiers were being deployed in the peninsula. The newspaper admits secession is a “difficult” matter but recalled that the invasion of Crimea is “illegal”, calling on the international community to react to Putin’s actions.

Catalonia to appeal against 4 Spanish Government’s laws for being “a Constitutional reform in disguise”

March 5, 2014 09:19 PM | ACN

The Catalan Government announced it will take to the Constitutional Court four bills drafted by the Spanish Executive because they neglect Catalonia’s self-government capacities and exclusive powers. The 4 affected bills are the Education Reform, the Market Unity Law, the Local Governments Law and the Environment Evaluation Law. The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, said that those reforms go against the Constitution and aim to reform it “through the back door”. “It is a reform without the needed transparency, without holding an open debate”, he said. “They are stripping away our political capacity to decide”, Homs emphasised. The Spanish Government justified the recentralisation of powers as a way to improve efficiency in times of economic crisis and austerity. However, several experts have already warned that it is not proven that efficiency will improve if powers are centralised.

Judges say that Catalonia’s self-determination fits within the Spanish Constitution

February 14, 2014 03:33 PM | ACN

33 Catalan judges have signed a manifesto supporting Catalonia’s right to self-determination. The judges emphasise that such a right fits into the current constitutional framework and is in line with international law. Some of the signatories work in provincial High Courts and have been members of the body governing judicial power in Spain (CGPJ). It is the first time that Spanish State civil servants have made such a clear statement supporting the right of the Catalan people to decide freely on their collective future and their relation to Spain. Judicial power in Spain is totally centralised and has a deep centralist tradition. According to these law experts, “Catalonia is a nation”, “without discussion”, and therefore has “full sovereignty to decide on its own future”.

“The Catalan Government is older than the Spanish Constitution”, Mas replies to García-Margallo

February 13, 2014 10:01 PM | ACN

The Catalan Executive, chaired by Artur Mas, has published a 50-page memorandum in reply to the report issued by the Spanish Foreign Affairs Minister, José Manuel García-Margallo, in late December against Catalan independence. Margallo’s document claimed that independence was “immoral” and “not a democratic option”. The 200-page report was distributed to all Spain’s embassies as a list of arguments to be used to lobby against Catalan independence at international level. The memo was written in a condescending tone and included many judgemental opinions, half-truths, partial quotes and even lies. One of them was that Catalonia recovered its self-government institutions thanks to the Constitution, which is false. The Catalan Government has replied with its own memo and has asked the Spanish Foreign Affairs Ministry to distribute it to all the embassies as well.

Grassroots platform collects signatures for Catalonia’s independence

January 13, 2014 07:50 PM | ACN

The Catalan National Assembly (ANC), the grassroots organisation that organised the two massive demonstrations for Catalonia’s independence in 2012 and 2013, is working on another initiative to allow Catalan citizens to hold a self-determination vote. This past weekend it installed 700 stands throughout Catalonia with 3,000 attorneys-in-fact to collect signatures for an independence referendum and, if this is deemed impossible, the unilateral declaration of independence, in accordance with international law. The ‘Sign a Vote for Independence’ initiative started last June and will continue during the upcoming months, but on Saturday and Sunday, a special push was given to boost the process. The ANC said the massive signature collecting had been “a success”. Figures will be provided next week although the campaign is still ongoing.

Brussels think tank: denying self-determination “undermines the Spanish political system’s legitimacy”

January 9, 2014 08:49 PM | ACN

Spanish Prime Minister Mariano Rajoy’s refusal to negotiate and allow the Catalans a consultation vote on independence “undermines the legitimacy of the Spanish political system” and is a violation of Catalonia’s democratic “right to express its own voice”. Such is the conclusion of Huw Evans, Law Professor at the Cardiff Metropolitan University. In a report entitled Law and Legitimacy: The denial of the Catalan voice, published by the Brussels think tank Centre Maurits Coppieters, Evans argues that Rajoy could authorise a referendum without breaching the Constitution. He states that Madrid’s current attitude “restricts (and, also […] denies) the right of the Catalan people to democratically pursue” independence.

Former UK Secretary of State for Scotland: “Were Catalonia to become an independent country, the world would recognise it”

October 23, 2013 10:11 PM | ACN / Laura Pous / Manel Sales

In an interview with CNA, former United Kingdom’s Secretary of State for Scotland Michael Moore explained he saw no reason why the European Union would exclude any new state. However, David Cameron’s Minister highlighted that “it is for states and parts of states to resolve themselves politically and then the international community to respond to that decision”. The Liberal-Democrat politician added that it “is fundamental” to “recognise that this is a decision for the people in that country itself”. Moore asserted his belief in International Politics and in Democracy by referring to the upcoming Scottish Referendum for Independence.

The European Court of Human Rights temporarily stops the eviction of an apartment block near Girona

October 16, 2013 09:09 PM | ACN

The Court based in Strasbourg has answered the appeal of the lawyer representing the Mortgage Platform (PAH), which had occupied an entire apartment block in Salt, near the Catalan city of Girona. 16 families occupied the block in order to get a house, but 3 left fearing eviction. The European Court of Human Rights (ECHR) has temporarily delayed the eviction of the entire apartment block as a precautionary measure until it has fully studied the case, arguing that evicting the families would go against international law on housing rights. The ECHR has given the Spanish Government 8 days to prove it has adopted the measures to guarantee such rights. The decision comes the day the eviction was planned. Families and a thousand supporters received the news crying of joy and shouting the PAH’s motto: “Yes, it can be done; yes, it can be done”.

The Barcelona Bar Association claims that self-determination is an inalienable right of Catalonia

January 23, 2013 06:35 PM | CNA / Paco Cavaller

The association’s People’s Rights Commission defends the celebration of a referendum and the unilateral independence declaration if the Spanish Government insists in not allowing a citizen vote on the issue. While is it true that the current Spanish Constitution does not allow for a self-determination referendum, the Barcelona lawyers' association argues that “in a democratic society, the law should be the expression of the people’s choice”, and therefore it should be modified accordingly to allow the referendum. It also highlights that 20 of these states are the result of secession, such as Norway, Finland, Ireland, Iceland, Lithuania, Estonia, Latvia, Slovenia or Montenegro.

The European Commission is “aware” of Barcelona’s demonstration supporting Catalonia’s independence

September 11, 2012 11:25 PM | CNA

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.

The European Commission states for the first time that Catalonia’s independence would have to be negotiated at international level

August 30, 2012 11:29 PM | CNA

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”.

Artur Mas presents the Catalan Government’s objectives for 2011-2014

May 4, 2011 03:16 PM | CNA / Patricia Mateos

The President of the Catalan Government, Artur Mas, presented a road-map with 474 objectives to be reached during his term in office. The Catalan Government’s plan faces three main crises: the economic slowdown, the relationship between Catalonia and Spain, and citizen trust in the democratic institutions. The strategic plan is organised along eight main axes, with economic recovery being the first priority.