spanish constitution

The Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría made it clear that “members of the Spanish Government” and “members of the Generalitat [Catalan Government]” have been holding meetings in the past few weeks, including the Spanish Prime Minister, Mariano Rajoy. “We inform about some of them and about others we do not, out of consideration for the delicate subject”, she stated. Sáenz de Santamaría insisted that talks were just starting; “we are in an incipient phase”, she stressed, “to acknowledge that channels for negotiation have to be found”. However, she totally rejected the main demand from a broad majority of Catalan society, for allowing a self-determination vote to take place in Catalonia. The Deputy PM did not want to disclose any part of the Spanish Government’s strategy on how to handle the issue. However, she praised the figure of the ‘number 2’ of the Centre Right Catalan Nationalist Coalition (CiU), Josep Antoni Duran i Lleida.

The controversial Reform of the Education System continues its progress towards parliamentary approval, now in the Spanish Senate. The Catalan Education Minister, Irene Rigau, stated that with the new law – which “recentralises” and totally “invades” devolved powers – the Autonomous Communities are “delegations of the Central Government”. Furthermore, Rigau asked the Spanish Education Minister, José Ignacio Wert, “to be brave” and “eliminate” the Reform’s points regarding the language immersion principle. This Reform goes against the Catalan school model, which has been in place since the early 1980s and is backed by an almost-total consensus in Catalonia. Rigau pointed out that only 26 cases out of 1.2 million pupils in Catalonia had requested a different model than the one offered. According to her, changing the entire education system and the language equilibrium in Catalonia for 26 families is “abusive and counterproductive”.

In the last few days, there has been an attempt to build bridges between Catalonia and Spain, despite the visible increase of tension between the two governments. In public the Catalan and Spanish Executives are heading for a collision but at the same time discreet manoeuvres explore alternative ways out. This Tuesday, the ‘number 2’ of the Centre-Right Catalan Nationalist Coalition (CiU) – which runs the Catalan Government – Josep Antoni Duran I Lleida acknowledged that he met with the Spanish Prime Minister and leader of the People’s Party (PP) Mariano Rajoy on the 16^th October. Besides, the Catalan President, Artur Mas, met on Friday with the Secretary General of the Spanish Socialist Party (PSOE) to talk about a constitutional change. Today, the Spokesperson of the Catalan Government, Francesc Homs, stated that Catalonia is waiting for an offer from the Spanish establishment. Although “there is no deadline” for this offer, the self-determination process will not be waiting for it, although if it arrives it will be studied.

At a meeting with Catalan President Artur Mas, the Spanish socialist party (PSOE) leader Alfredo Pérez Rubalcaba offered support for constitutional reform in Spain, but rejected the idea of a referendum on independence. Mas said that the legal framework cannot be used to “abort” the plans for an independence referendum. He added that it is an “enormous” mistake to think that. Rubalcaba said that the constitutional reform offer is an alternative “to a vote for separation”.

One of the six ‘fathers’ of the Spanish Constitution, Miquel Roca, who currently leads one of the largest law firms in Spain, stated that the Constitution does not ban a referendum on Catalonia’s self-determination. “It is a matter of political will”, since Catalonia is recognised “as a nationality” by Spain’s main law, stated the respected lawyer, who also used to be a leader of the Centre-Right Catalan Nationalist Coalition (CiU). In front of a committee of the Catalan Parliament, Roca remarked that it would be “absurd” to call for a referendum at Spanish level, as it would only be binding in Catalonia. In the rest of Spain it would not be binding, emphasised Roca, as “it is said in Article 92”. This article reads that non-binding referendums can be called regarding issues of extreme importance.

On the same day, the Court re-affirmed its decision to keep its current Chairman in position despite his anti-Catalan public stance and having been a member of the governing People’s Party (PP) until 2011. On top of this, Catalan and Basque Members of the European Parliament from five different parties formally asked the European Commission to intervene against the politicisation of the Spanish Constitutional Court, stressing that EU democracies should have an independent judiciary. The Constitutional Court is the highest interpreter of Spain’s legislation, has to guarantee the respect of fundamental rights and acts as a referee between the different government levels and political actors. In this capacity, it ruled against the appeal presented by the Spanish Socialist Party (PSOE) against the law that abolished the requirement to know Catalan for working as a public servant in Majorca, Minorca, Ibiza and Formentera, despite it being the local language.

The President of the Catalan Government and leader of the Centre-Right Catalan Nationalist Coalition (CiU), Artur Mas, and the Left-Wing Catalan Independence Party (ERC) agreed on speeding up the process of building “state structures” and drafting the “most social budget” in Catalonia’s recent history. In addition, Mas criticised the ‘third way’ between independence from Spain and the current situation proposed by the Catalan Socialist Party (PSC) and CiU’s ‘number 2’, saying that Catalans “have been trying” this way “for the last 100 years” and “it has never worked”. Spanish nationalist People’s Party (PP) and Ciutadans (C’s) called on Mas to stop the self-determination process. However, the main Catalan parties, from left to right and representing 77% of the parliamentary seats, presented a common text supporting Catalonia’s right to self-determination through a legal vote.

The Spanish Constitutional Court has decided not to exclude its President, Francisco Pérez de los Cobos, from cases directly affecting Catalonia’s self-government institutions despite his anti-Catalan statements and being a member of the People’s Party (PP) until 2011. Among many statements, in 2005 he made one of the most controversial ones when he said that “Catalans are educated to hate Spanish culture”. The Catalan Government asked him at least to apologise publicly for those words, made at a public event, and to take them back. Furthermore, all the Catalan parties except the Spanish nationalist ones rejected the Court’s decision since the institution loses even more credibility. The anti-Catalan nationalist party Ciutadans (C’s) warns that keeping Pérez de los Cobos in position will allow Catalan independence supporters to take legitimacy away from the Court.

11^th September is Catalonia’s National Day and two main ceremonies traditionally take place in the morning. The first one is the flower offering at the Rafael Casanova monument, honouring the leader of Barcelona’s defence against the Bourbon invasion of 1714. The second one is an institutional ceremony near the Catalan Parliament honouring Catalan culture, language and identity, including: poetry, music and flamenco dancing brought by Andalusian immigrants. The People’s Party (PP) – which runs the Spanish Government – has not been participating in the flower offering for the last few years, but this year it also decided not to attend the institutional ceremony. Instead, the PP held its own get-together with party banners.

The new President of the Spanish Constitutional Court, Francisco Pérez de los Cobos, has turned out to be a member of the People’s Party (PP), which runs the Spanish Government. In addition, the expert in labour law had drafted several reports for the PP on several issues. On top of this, Pérez de los Cobos wrote a book with many sentences against Catalonia and Catalan citizens, amongst other controversial stances. According to the Catalan Government, this person cannot chair an institution that has to act as a referee between the different levels of government in Spain and that has to interpret the Constitution regarding very sensitive issues, such as Catalonia’s self-determination. For this reason, the Catalan Government demanded that Pérez de los Cobos be excluded from all the cases that involve the Catalan Executive.

The Constitutional Court rejected the allegations presented by the Catalan Parliament against the decision to temporarily suspend the Declaration of Sovereignty. This text was approved in January by two thirds of the Catalan Parliament and it stated that the people of Catalonia are sovereign to decide on their collective future. The Spanish Government took the Declaration to the Constitutional Court, which accepted the appeal and temporarily suspended the text until it reached a final decision – which might take years. The Catalan President stated he was counting on the Court’s decision to maintain the suspension and he emphasised that Catalonia’s self-determination process keeps moving forward. The majority of Catalan parties accused the Constitutional Court of being politicised while Spanish nationalist parties celebrated the decision.

The leader of the Spanish Socialist Party (PSOE), Alfredo Pérez Rubalcaba, and the President of the Catalan Government, Artur Mas, secretly met on Sunday in Madrid, along with the Secretary General of the Catalan Socialist Party (PSC), Pere Navarro. Mas urged the PSOE to include the People’s Party (PP) in the debate on the reform of the Spanish Constitution and he warned that including the right to a self-determination vote is a “basic and essential condition” for a large majority of Catalans. The PSC, despite opposing Catalonia’s independence from Spain, backs its right to vote for self-determination, but Rubalcaba is completely opposed to it and considers it to be “impossible” to ever reach an agreement on such a vote. However, Rubalcaba insisted on the need to find a better relationship between Catalonia and Spain, in order to “remain together for centuries to come”.

The boss of all public prosecutors in Spain, Eduardo Torres-Dulce – appointed by the Spanish Government – announced on Monday that he is starting the process to dismiss his subordinate, Martín Rodríguez Sol, for having said in an interview on Sunday it was “legitimate” that a majority of citizens ask to vote on Catalonia’s political future, although “within the legal framework”. Rodríguez Sol believes that it is not possible to organise an independence referendum as such although he said that with the appropriate question, a legal self-determination vote could be held. He also stated that the legal framework should be adapted to social changes. The Catalan President, Artur Mas, has accused the Spanish Government “of having little democratic sensibility”. In addition, Mas reminded everybody that last week another army general threatened with a military intervention in Catalonia “and nothing happened” but if an attorney general says that people should “express themselves within the legal framework”, he is fired.

The President of the Catalan Government, Artur Mas, accused the Spanish Government of “not having the true will to talk” about Catalonia’s self-determination claims, backed by democratically-expressed ballots. After the weekly Cabinet Meeting, the Deputy Prime Minister, Soraya Sáenz de Santamaría, confirmed that the Spanish Government will take the Catalan Parliament’s declaration, which states that the Catalan people are sovereign to freely and democratically decide on their collective future and therefore organise a self-determination vote, to the Constitutional Court. The Spanish Government justified its decision by stating that the declaration – with no direct legal impact – might have legal consequences and wants the Court to “clarify that the Catalan people are not sovereign”.

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.