rafael catalá

Unionist Cs party believes remarks harm Spanish separation of powers, as controversy comes after pro-independence jailed officials also questioned Spain’s judiciary

Catalonia must have a president who is “fully able to exercise” his duties, says Spanish government spokesman

Rafael Catalá says Court could suspend Carles Puigdemont and jailed pro-independence officials prior to a final ruling

Doubts cast over Carles Puigdemont’s visit to the Spanish Senate, while government members warn that early elections will not stop Article 155

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

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 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.

President Mas attended the 58^th International Association of Judges Meeting, held this Monday in Barcelona just weeks before his appearance in court for organising the 9-N symbolic vote on independence. During his intervention, Mas outlined that democracy is sustained by the impartiality of justice. “Any partisan use” of the legal system could diminish this “sustenance” of democracy, he stated. Mas also expressed his hope that the Meeting will produce “contributions” to the “democratic quality which we all pursue”. President of the Supreme Court, Carlos Lesmes, also attended the Meeting and warned that to enforce the law “couldn’t be considered defiance”. 

Catalan President Artur Mas reacted this Wednesday to his summonsing by Catalonia’s Supreme Court (TSJC). “Legally I didn’t disobey. Politically, there was a democratic rebellion against the State” he stated in a radio interview with Catalunya Radio. The charges are “the reaction of an arrogant, furious, clumsy state, whose pride was hurt, which is incapable of dialogue and which will do everything in its hands to get rid of me” he summarised. On the other hand, Spanish Prime Minister Mariano Rajoy considers it “false and unfair” to attribute the court’s decision to the Spanish government, as in Spain there is a “separation of powers”.

The Catalan Minister for the Presidency, Francesc Homs, has stated that they are "sceptical" about the constitutional reform that the Spanish Prime Minister and leader of the People's Party (PP), Mariano Rajoy, is starting to consider. The Spanish Justice Minister, Rafael Català, said 10 days ago that his department would "study a constitutional reform" which would not make any concession to Catalonia's demands. For the last 3 years, Rajoy and the PP have been unilaterally blocking any attempt to launch a constitutional reform debate. Now, with Catalonia's independence being a distinct possibility if pro-independence parties win the forthcoming 'de facto' referendum scheduled for 27 September, the Spanish Government has started to say it would consider a limited reform, particularly to strengthen its own powers. This Monday, the Catalan President's 'right-hand man', Frances Homs, said that they will not even consider such a constitutional reform if it does not include Catalonia's right to self-determination.

The Spanish Minister of Justice, Rafael Català, proposed this week "to study a constitutional reform" that is very far from making any concession to Catalan claims and meet them halfway. In fact, it seems that the Spanish Government's real intentions are to consolidate the recentralisation of powers and cultural homogenisation undertaken in the last few years that have trimmed Catalonia's self-rule and attacked Catalan culture and language. The Spanish Justice Minister stated this week that he is ready to discuss a limited reform of Spain's Constitution that would not affect its core aspects – such as Spain's territorial model – and which would apparently only address secondary matters, such as the prevalence of men over women in the Crown's succession or the definition of the Spanish Government's exclusive powers. However, the aim is to put an end to the decentralisation trend that started in the late 1970s and early 1980s.

Spain’s Director of the Public Prosecution Office, Eduardo Torres-Dulce, has announced his resignation “for personal reasons”. However, it is well-known that Torres-Dulce has had several arguments with the Spanish Government, run by the People’s Party (PP) and chaired by Mariano Rajoy. The latest argument was about prosecuting the Catalan President and other members of the Catalan Government for the symbolic vote on independence held on 9 November. Several PP members announced the penal actions before Torres-Dulce had given the instruction to press charges. At that time, Torres-Dulce denied having been pressured by the Spanish Government, but many voices criticised the absence of a separation of powers. On top of this, the main public prosecutors in Catalonia initially rejected the criminal complaint, but Torres-Dulce – appointed by the Spanish Government – obliged them to file it. Furthermore, he has also had many arguments with the PP on account of the numerous corruption scandals being investigated.

On the same day, both the Spanish Justice Minister, Rafael Català, and the 'number 2' of the governing People's Party (PP), María Dolores de Cospedal, compared Catalonia's self-determination process with the Fascist and Nazi movements of the 1930s. Such a comparison trivialises Nazism and is highly offensive for millions of Catalan citizens. The Catalan pro-independence movement mainly demands to hold a democratic vote on independence, as in Scotland, and it has always acted in a peaceful and festive way. The expert in European populism, Meindert Fennema, stated he considered that to compare Catalan self-determination with Nazism to be "ridiculous" and "nonsensical". On top of this, he highlighted that Catalonia's society is highly inclusive, since it has welcomed and integrated millions of immigrants in the last 100 years. In fact, 70% of the Catalan population has origins from outside Catalonia and 80% of the Catalan population want to hold a self-determination vote.