sovereignty

Furthermore, the Catalan Executive regrets that the Spanish Prime Minister, Mariano Rajoy, has not made any political proposal in his answer to the letter sent by the Catalan President, Artur Mas, after November 9’s symbolic vote on independence. Rajoy answered Mas’ letter and highlighted that Spain’s “sovereignty” cannot be negotiated, therefore rejecting the possibility of any discussion about a mutually-agreed referendum on Catalonia’s independence. Coinciding with the Spanish PM’s trip to Barcelona on November 29, the Spokesperson for the Catalan Government, Francesc Homs, stated that Mas “would be delighted to welcome Rajoy at the Generalitat Palace”. He “has the doors open” to talk with Mas about the demands of Catalonia’s society. However, Homs also warned the Spanish PM that such dialogue should not become “a monologue”.

A two-third majority of the Catalan parliament has approved a motion supporting the self-determination consultation vote, scheduled on the 9^th of November, which has to take place "with all the possible democratic and participation guarantees". With this resolution, parties have reaffirmed their commitment to carry out this vote, which will very likely be banned by the Spanish authorities in the coming days. The parliamentary text has been approved with the support of 89 MPs of the 133 representatives who voted (since 2 were ill), a 66.9% majority. The resolution has been approved with the votes of the governing centre-right pro-Catalan state coalition CiU (which brings Liberals and Christian-Democrats together), the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the alternative and radical independence party CUP, as well as with 3 votes from rebel MPs of the Catalan Socialist Party (PSC). The rest of the PSC, the People's Party (PP) and Ciutadans (C's) have opposed the motion.

Spain's Constitutional Court has reached a unanimous decision against the Catalan Parliament's 'Declaration of Sovereignty', approved in January 2013 and appealed by the Spanish Government. In May 2013 the Constitutional Court put the Declaration on hold, temporarily stopping its implementation while it was reaching a definitive decision, which has happened this Tuesday evening. In the end the Court has declared the first part of the text, which stated that "the people of Catalonia is, for reasons of democratic legitimacy, a sovereign political and legal subject", "unconstitutional and void". However, it adds that the people of Catalonia have "the right to decide" but not "to self-determination", and it points out that the Constitution can be reformed. After months of internal debate and previous failed attempts to reach a consensus, the decision arrived a few hours after the Catalan Parliament had approved a motion to disqualify 3 of the 12 members of the Constitutional Court of not being impartial on this issue.

The Catalan Government accuses Madrid of continued “prejudices” since “appealing against” a measure “the very next minute” after it is announced “does not leave time to fully analyse it” and therefore “does not respect the rule of law”. A majority of Catalan parties is proposing a self-determination vote for the 9^th of November in accordance with the legal framework. There are 5 different ways to legally organise such a vote according to Constitutional experts. However, the Spanish Government is insisting that such a vote is illegal. The Spanish Justice Minister, Alberto Ruiz Gallardón stated on Tuesday: “if Mas [the Catalan President] signs a decree calling the consultation vote instead of [only] resigning himself to giving a statement, the very next minute, this decree will be taken to the Constitutional Court”. Furthermore, he added that “there is no doubt” that the vote “will be suspended” by the Court.

The Catalan Parliament replies by approving the creation of a parliamentary commission on Catalonia’s right to self-determination with 79.3% of yes votes. The commission will study ways to organise a vote on the hypothetical independence from Spain. It is the first time in Spain a court has suspended an entire declaration that has no legal value and has been approved by a parliament. The declaration has no direct legal effect, as it is only a political statement stating that the Catalan people are sovereign to decide on their own collective future. The Spanish Government firstly downplayed the text and later, following the advice of its legal services, decided to appeal against it. By admitting the Spanish Government’s appeal against the text, the Constitutional Court temporarily suspended the Declaration until a sentence is issued.

Following a report by its own legal services, the Spanish Government is considering appealing against the ‘Declaration of sovereignty and the right to self-determination by the people of Catalonia’, approved by the Catalan Parliament two weeks ago. This declaration states that, following the historical rights and the free self-determination of the people, the people of Catalonia are sovereign and therefore able decide on their own future and organise a self-determination vote to decide on Catalonia’s hypothetical independence from Spain. The Catalan President stated that, before the self-determination right of the people, “there are no rules, laws, constitutions or possible interpretations”.

The Parliament of Catalonia has approved an historical declaration of sovereignty claiming the right to self-determination by the Catalan people. The full text is included in this news item. The declaration paves the way for the organisation of a self-determination referendum on Catalonia’s future within Spain and its hypothetical independence. It was supported by 66.4% of the MPs who voted, representing 63% of the total parliament. These supporters came from 4 different groups. 2 MPs abstained because the declaration does not include other Catalan-speaking territories and five Socialist MPs did not vote as a protest because their party is officially opposed to the declaration. Those opposing the declaration included 32% of the MPs who voted, representing 30.4% of the total chamber.