supreme

In March of this year the Catalan Supreme Court (TSJC) cancelled the Catalan Government’s allocation of the publicly-owned Aigües Ter-Llobregat (ATLL) – which supplies water to the 5 million people of Greater Barcelona – to the joint venture led by Acciona and including the Brazilian investment bank BTG Pactual. The Government presented an appeal but the TSJC confirmed on the 19^th July its previous decision. Now, the Catalan Government has decided to take the issue to Spain’s highest court to defend the allocation. The Government is convinced the tender process was done correctly, but the other main contender, Agbar, states the opposite. In addition, a Catalan Government’s internal body overlooking public tenders stated that Acciona’s offer should not have won.

Following a petition by the Spanish Public Prosecutor Office, the judge has called Germà Gordó, the Catalan Minister of Justice, to testify as witness in the alleged influence peddling case of the allocation of licenses to technical vehicle inspection garages. This case affects the ‘Number 3’ of the governing Centre-Right Catalan Nationalist Coalition (CiU), Oriol Pujol, since the Supreme Court of Catalonia (TSJ) suspects he could have participated in irregular allocation of these licenses. At the time the alleged incidents happened, Gordó was not the Justice Minister but the Secretary of the Catalan Government, a key position overseeing all the daily decisions of the Executive. The TSJ wants to hear Gordó’s version of the tender procedure. Besides, Pujol’s defence has called the former Catalan Business Minister as a witness, since his department was running the tender.

The Catalan Education Minister will appeal the decision to the Spanish Supreme Court and meanwhile will not follow the petition of the Catalan Supreme Court (TSJC). The Minister stressed that “the classroom language cannot change just because a child asks for it”. She emphasised that only 17 families have asked to have their children schooled in Spanish. These kids received individualised attention in Spanish but the TSJC thought it was not enough. In the last few years, the Catalan school model has been put in the spotlight by Spanish nationalism, despite having been in place for the last 30 years. The model has shown that pupils perfectly command both languages by the end of their studies. It has also been praised by international organisations, as it guarantees equal opportunities and social cohesion.

In early November, the Catalan Government decided to allocate the public tender privatising the service of the publicly-owned Aigües Ter-Llobregat – which supplies water to the 5 million people of Greater Barcelona – to a joint venture led by Acciona. This meant that the Catalan Executive cashed in €300 million in 2012 and €700 million was to be split over the next 50 years. The operation was aiming to reduce public deficit. However, Agbar appealed the tender because it thought that Acciona was not fully respecting the terms of reference. Now the Court have backed Agbar’s view and cancelled the tender. Acciona has already announced that it will appeal to the Spanish Supreme Court and, in the case that it loses the concession, it will sue the Catalan Government for damages, since the contract came in to effect on the 1st of January.

The Supreme Court of Catalonia (TSJC) has indicted Oriol Pujol, who is the ‘number three’ of the CiU – who run the Catalan Government – over a case of influence peddling regarding an irregular public tender for technical vehicle inspection garages. After his indictment was announced, Pujol “delegated” his party and parliamentary roles as Secretary General of CDC – the Liberal and largest force within the two-party coalition CiU – and as Chairman of the CiU group in the Catalan Parliament. However, Pujol explained that he would not resign as an MP, as it would be “out of proportion”. The Catalan politician insisted that he was innocent and he hoped justice would act quickly. The opposition has displayed a divided reaction: some parties have left it to the CiU to decide whether Pujol’s decision was enough while others heavily criticised him continuing as an MP.

Catalonia’s Supreme Court (TSJC) has announced the indictment of Daniel Fernández, a Member of the Catalan Parliament and Organisation Secretary in the Catalan Socialist Party (PSC). Fernández has resigned from his party and Parliamentary positions, but he will continue to be an MP while waiting to find out whether he will go on trial in the end. The High Court believed there to be signs that Fernández could have committed a felony of influence peddling by participating in the irregular hiring process of a manager in one of Greater Barcelona’s municipalities. The anti-corruption prosecutor and the judges investigating the so-called ‘Mercuri’ case, dealing with municipal corruption in Greater Barcelona mostly affecting members of the PSC, asked for Fernández’s indictment to the TSJC since he is an MP.

The Spanish Supreme Court has rejected an appeal presented by one family against the Catalan Supreme Court’s decision adopted in March last year that validated the current public school model of linguistic immersion. The Spanish Supreme Court has stated that the Catalan Government does not have to change the entire Catalan school model, which has been in place since the early 1980s. However, it does have to consider individual petitions from families wanting to school their children in Spanish and make Spanish the language of instruction “in the proportion that the Catalan Government considers to be convenient” in “the school and class in which the offspring of the petitioner is being taught”.

After holding the second high-level meeting with top representatives from all the public powers involved in the fight against corruption and fraud in Catalonia, the Catalan President, Artur Mas, presented a document setting out a list of measures. The document takes into account suggestions and comments by all the attending public powers, but it is not a joint text issued by all the participants, Mas emphasised, as it is only signed by the President of the Catalan Government. An initial meeting was organised on the 6th of February to exchange views and gather ideas. The listed measures relate to transparency, public contracts, judicial capacities, political parties, control bodies and democratic regeneration.

The President of the Catalan Government, Artur Mas, organised a summit with top representatives from all the public powers involved in the fight against corruption and fraud to exchange ideas and come up with a set of measures. Political parties were not invited and some of them have protested. After the meeting, Mas explained that the attendees agreed to transform the Transparency Agreement from 2001 regarding the funding of political parties into a law in order to enforce it. Furthermore, the Catalan Government will allocate more resources to the judicial powers investigating the main corruption cases. The attendees agreed to compile the initiatives discussed in a document and meet again in two weeks’ time.

The President of the Catalan Government and leader of the Centre-Right Catalan Nationalist Coalition (CiU) is organising a summit to define new initiatives against corruption. The meeting will be held next week and will gather together the main representatives of the Catalan Parliament, the Supreme Court of Justice of Catalonia, the Catalan Ombudsman, the Catalan Court of Audit and the Anti-Fraud Office of Catalonia. Political parties are not invited, as the summit is thought to be “complementary” to Parliament’s actions. The Catalan President will ask the attendees to provide him with ideas so that he can channel them and put them on the table for a wider debate. In the last few months, many corruption scandals have affected politicians in Catalonia and the rest of Spain.

The highest Catalan court has clarified how to execute the sentence of the Spanish Supreme Court that had recognised the right of 3 families to school their children in Spanish and not in Catalan. These families will have their individual rights respected, but the current school model will not be changed. Catalonia’s education model has been validated twice by the Spanish Constitutional Court and has been in place over the last 30 years, guaranteeing full knowledge of both official languages –Catalan and Spanish– by all its pupils. Experts advise that the current school model prioritises the weakest official language –Catalan- following the principles of equal opportunities and social cohesion. The model has been praised by UNESCO, the European Commission and the European Parliament.

The French newspaper ‘Le Monde’ published an article in December 2006 that falsely linked FC Barcelona with doping practices. A first trial condemned ‘Le Monde’ to pay 300,000 euros to the Catalan sports club, but the French newspaper and the journalist Stéphane Mandard appealed. A second court reduced the fine to 15,000 euros, but they appealed again. The Spanish Supreme Court has upheld the last sentence and dismissed the French newspaper's appeal.

The Catalan Government appealed the order of the Catalan Supreme Court, which insisted that the Catalan school system should be modified in order to comply with the Spanish Supreme Court’s sentence from last December to include Spanish as language of instruction. With the Government’s appeal, the Court’s deadline is automatically suspended, until the Court decides on the appeal. The appeal is based on two sentences from the Spanish Constitutional Court validating the Catalan school model, as well as on the linguistic immersion principle which guarantees social cohesion and equal opportunities.

Spanish Constitutional Court may finally decide this week on the Catalan Statute of Autonomy. More than three years after its approval via referendum, the Catalan supreme law may be cut by a court dominated by conservative and Spanish nationalist judges.