resolution

Catalan President Carles Puigdemont and the Catalan Ministers received this Tuesday the Spanish Constitutional Court (TC)’s notice informing them that the proposal to hold a referendum on independence in 2017 passed by the Catalan Parliament has ultimately been suspended. The document, which washand delivered by two judicial secretaries from Catalonia’s Supreme Court, warns the Government of the consequences they may incur if they disobey the resolution. The proposal, presented and approved by governing cross-party ‘Junts Pel Sí’ and pro-independence radical left CUP reaffirmed “Catalonia’s imprescriptible and inalienable right to self-determination” and called the Government “to hold a binding referendum on Catalonia’s independence” which would have to take place “in September 2017 at the latest and have a clear and binary question”.

The commitment taken by Catalan President, Carles Puigdemont, to call a referendum in autumn 2017, regardless of the Spanish Government’s position, has been definitely suspended by the Spanish Constitutional Court (TC). Although the body had already ordered a cautionary suspension of the governing party ‘Junts Pel Sí’ and radical left pro-independence CUP joint proposal on this matter, this Tuesday the resolution became definite. “No court decision will change our unequivocal determination to call a referendum this year”, stated Catalan Government Spokeswoman, Neus Munté. She also emphasised that the joint resolution emerged from the democratic mandate of the 27-S Catalan elections. The magistrates also left in the Public Prosecutor’s hands whether to take further legal action against Parliament’s President, Carme Forcadell, who already testified before Barcelona’s High Court in December for allowing the pro-independence roadmap to be put to vote amongst the Catalan MPs.

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 People's Party promoted a resolution this Wednesday during the European People's Party (EPP) Statutory Congress in Madrid to guarantee that the party won't recognise the legality of secessionist processes in EU. "Any self-proclaimed sovereignty process aimed at unilaterally declaring the secession of territories forming part of Member States is beyond the realms of legality and, therefore, will not be recognized as legal by the other Member States" reads the text. The resolution was approved by simple majority and all 16 MEPs from Bavaria's Christian Social Union (CSU) voted against the resolution. "We support a position which is balanced between autonomies' rights and territories' integrity" stated CSU's spokesman at the EPP meeting, Reinhold Bocklet. "We don't like to be involved in Spain's internal problems" he concluded. Other groups also voted against the resolutions and there were many abstentions, in a Statutory Congress that was attended by 14 Heads of Member States.    

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).