statute

Ten years ago, the independence movement was galvanized by Spain’s Constitutional Court amendment to the Catalan Statute of Autonomy

With a career spanning five political terms, Alfredo Pérez Rubalcaba was key in negotiating Catalonia's statute of autonomy

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 Government gave the green light on Friday for the bill for the ‘Law on National Security’, amid criticism from Catalan political parties. The new text foresees the Spanish Government taking control of police corps run by the Autonomous Community executives, such as the Catalan Government’s Mossos d’Esquadra, and the local police run by municipalities. This shift of powers would happen if a State of Emergency was to be declared in a particular area due to a natural disaster or in order “to defend Spain” or its “Constitutional values”. Thus, PM Mariano Rajoy is passing a law that would allow the Spanish Government to take control of the Catalan Police if the independence process was to go too far for Madrid’s liking. Besides this, the new bill also establishes powers in some important areas such as cyber security, maritime safety and financial security, among others.

The Catalan Government has approved its 'Strategic Plan for the External Action 2015-2018', which foresees the opening of additional delegations abroad. The Spokesperson for the Catalan Executive and Minister for the Presidency, Francesc Homs, who is in charge of External Relations, announced that some of these delegations may be opened in the coming weeks. Homs admitted that the Spanish Government may appeal against the new delegations and the plan, as it did with the delegations in Rome and Vienna, and the External Action Law. The Law was approved last November but was already foreseen in the Catalan Statute of Autonomy from 2006. In addition, Catalonia's own external action was validated by the Spanish Constitutional Court in 2010. With the independence debate on the table, the Spanish Government is insisting on reducing the number of delegations and controlling their activities.

As was expected, the Constitutional Court has accepted the Spanish Government's appeal against the Catalan Law on External Action and Relations with the EU, which was approved last November and was already foreseen in the 2006 Catalan Statute of Autonomy. The Court's acceptance of a Spanish Government appeal automatically represents a temporary suspension of the legal measure for an initial 5-month period. The temporary suspension does not mean that the law will ultimately be suspended, but that there are enough reasons to study whether the Catalan law fits within the Constitution or not. According to the Spanish PM Mariano Rajoy, the law goes beyond the Catalan Government's attributions and invades the Spanish Executive's exclusive powers regarding international relations and the direction of Spain's external policy.

The Spanish Government approved on Friday to take to the Constitutional Court Catalonia's Law of External Action and Relations with the EU and the opening of delegations in Vienna and Rome. The Spanish Executive will appeal against the law despite it being foreseen by the Catalan Statute of Autonomy – approved by the Spanish Parliament and the Catalan people through a binding referendum in 2006. This is Catalonia's main law after the Spanish Constitution and recognises the Catalan Government's right to carry out its own external action abroad. However, in the current debate about Catalonia's independence, the Spanish Government is reiterating its 'no-to-everything' attitude and recentralisation strategy and has appealed against the law approved by the Catalan Parliament on 26 November last.

The Catalan Parliament approved on Wednesday the Law on the Val d’Aran’s special status within Catalonia, recognising its “Occitan national reality” and its right to self-determination. This small Pyrenean valley, surrounded by high peaks and located in Catalonia’s north-western corner, is the last land where the Occitan language is widely spoken, although it is called Aranese there. The Val d’Aran County has had a certain degree of self-rule within Catalonia since 1990, further recognised with the Catalan Statute of Autonomy from 2006. In addition, since September 2010, Aranese is Catalonia’s third official language, being the preferred language in this county. The law approved this Wednesday develops and consolidates the Val d’Aran’s special regime, with its own powers of self-rule and structures. In order to enter into force, it will have to be approved through referendum by the less than 11,000 inhabitants of the valley.

The former European Commission’s Spokesperson for Economic Affairs during the Eurozone crisis, Amadeu Altafaj, is to become Catalonia’s Permanent Representative to the EU institutions. This position has been created as a way to increase the political weight of the already existing Catalan Government Delegation in Brussels in the middle of the debate about independence from Spain. Altafaj, who has also worked as Deputy Chief of Cabinet of the Commission’s Vice President for Economic and Monetary Affairs, Olli Rehn, since 2012, will now direct this delegation and become Catalonia’s voice in the EU institutions’ offices. On many occasions, Altafaj has been vocal about Catalonia’s self-determination, supporting it and emphasising that an independent Catalan State would be economically viable.

The day after 2.3 million citizens gave their opinion on Catalonia's independence, the reactions of Spanish and Catalan parties did not bring great surprises. The PP, which runs the Spanish Government, considered the vote "illegal" and announced potential legal actions. In addition, they stated that "a silent majority" did not vote. The Spanish and Catalan Socialist parties (PSOE and PSC) insisted on a Constitutional Reform and rejected an independence referendum. Populist party Ciutadans (C's) asked for early elections, while Spanish nationalist UPyD wanted Catalonia's autonomy to be suspended. Parties supporting self-determination praised Sunday's vote. The governing centre-right pro-Catalan State coalition CiU wants to explore negotiations, although Liberal CDC is sceptical about the results. The left-wing independence party ERC and the alternative left and radical independence CUP rejected negotiations with Madrid. The green socialist and post-communist coalition ICV-EUiA asked for a binding referendum.

On Sunday, Catalans are being called to give their opinion about independence in a participatory process, organised by the Catalan Government in cooperation with more than 40,000 volunteers and many town halls, which replaces the original consultation vote also scheduled for the 9^th of November. The Spanish Government appealed against the first vote, the Constitutional Court suspended it, the Catalan Government launched an alternative process and the Spanish Government filed a new appeal, accepted by the Constitutional Court. However, this time the non-binding participatory has been maintained with a wide consensus among Catalan institutions a wide representation from the civil society. These are the three last steps of an intense self-determination process, which started with the approval and trimming of the Catalan Statute of Autonomy and was shaped by four massive demonstrations and a series of "no" and threats by the Spanish authorities. Here is a summary of the main milestones of this process before the massive pro-independence demonstration of 2012.

The Catalan Government and Parliament will file allegations against the Constitutional Court's temporary suspension of the Law on Consultation Votes and the decree calling November's self-determination consultation vote. The temporary suspension was approved on Monday evening and entered into force this Tuesday morning. Despite the appeal against the Constitutional Court's action, the Catalan Government has decided to "temporarily" suspend the institutional campaign and direct preparations for the 9^th of November's consultation vote on Catalonia's political future. The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, explained that such a decision was made "to prevent public employees from being backed into a corner", as the Spanish authorities could persecute them.  The left-wing parties clearly supporting independence – ERC and CUP – want to disobey the Court's temporary verdict, but the governing and centre-right CiU as well as the greens and post-communists ICV-EUiA want to continue with the vote's preparations wherever legally possible. In addition, thousands of people are demonstrating in front of Catalonia's town halls against the Constitutional Court's decision.

The Constitutional Court has accepted the Spanish Government's two appeals filed on Monday against the 9^th of November's self-determination vote decree and the Catalan Parliament's law on which it is based. This decision automatically means the temporary suspension of the law and the decree, a suspension which could be extended after 5 months should the Court not have yet reached a definitive verdict. In addition, it also suspends "the rest of actions" deriving from the law or the decree's implementation, including those taken "by third parties". The decision has been made in an urgent and non-scheduled plenary meeting, which was organised just 5 hours after the Spanish Government had filed the appeals. The Constitutional Court's plenary never meets on Mondays and its next meeting was scheduled for the 7^th of October. The President of the Catalan Government, Artur Mas, has criticised "the supersonic speed" by which the Court has met. Mas asked this body to act as "the referee of all and not only of a part".