advisory council

On Thursday, the Spanish Government’s main advisory body – the State Council – has issued a non-binding report upon the request of Prime Minister Mariano Rajoy against the alternative consultation vote that the Catalan Executive is organising for November 9. This body has unanimously recommended taking Catalonia’s participatory process to the Constitutional Court and requesting its suspension. Now, Rajoy has the green light to make such a step on Friday, only 9 days before the vote is supposed to happen. Meanwhile in Catalonia, all the parties supporting the self-determination process are insisting on continuing to work for high citizen participation on the 9^th of November. Furthermore, on Wednesday evening, they started campaigning and the Catalan Government launched the website to inform citizens about their exact voting place. Besides, those against independence in Catalonia are divided between those asking Rajoy to be smart and not to appeal, and those asking him to stop the vote.

The President of the Catalan Government, Artur Mas, stated on Tuesday that the self-determination process is following 3 principles: respect for "the law and dialogue", "but also democracy", which will guarantee that citizens are able to vote. He said that the Government "has done its homework" by "providing information" about the process and how to build a new state, by ensuring "participation" from civil society, by proving "a will to talk" with Spanish authorities, and by showing "determination" to go ahead with the mandate resulting from the last Catalan elections to organise such a vote. Mas highlighted that the vote will be legal since it will use Catalan legislation. However, he asked citizens for "psychological strength" for the months ahead and future "challenges". Mas also emphasised that Spain's "economic recovery" is mostly "coming from Catalonia", since Catalans are "leading" the statistics regarding job creation, exports, tourism, scientific research and foreign investment.

The Brussels-based Centre for European Policy Studies (CEPS) stated it cancelled a debate on the EU Membership of an independent Catalonia because they could not find a speaker arguing that Catalonia would be excluded from the EU. However, the Catalan Government and the Catalan Public Diplomacy Council (Diplocat) suspect the Spanish Government pressured the CEPS to cancel the debate, as it already tried to do with previous events. The Spanish Executive denied the accusations, which are also rejected by the CEPS. The event was organised weeks ago and was supposed to take place on Tuesday at 9.30am at the CEPS facilities, which is the most prestigious think tank in EU Affairs. It was "postponed" on Monday evening, just a few hours before it was due to start. A prestigious Constitutional expert, who advises the Catalan Government, Carles Viver i Pi-Sunyer, was supposed to present a report arguing that Catalonia would remain within the EU.

A Spokesperson for the European Commission was asked on Tuesday about the report issued on Monday by the Catalan Government's Advisory Council for National Transition, which stated that EU Treaties did not include any provision regarding the secession of a Member State and therefore the final decision would be a political one, following economic interests. They stated that the most likely scenario would be setting up transition measures guaranteeing the continuity of EU Law, Schengen and the Euro, while Catalonia's definitive EU membership was being negotiated. The European Commission - which acknowledged it only knew the report from the press – repeated that it will only give an analysis "upon the request of a Member State" and "on the basis of a detailed scenario". However, it also stated that "if a part territory of a Member State secedes", "EU Treaties no longer apply from the day of its independence" as it becomes "a third country". The Commission did not state the procedure, nor whether transition measures could guarantee the continuity of EU agreements.

An independent Catalonia would benefit from transition measures that would guarantee the continuity of European Union agreements, thus staying within the Schengen Area and the Euro Zone. This is the most likely scenario in the event of independence, according to the Catalan Government's Advisory Council for the National Transition (CATN), which is a body formed of independent and prestigious academics. The CATN is issuing a series of reports on different aspects related to a hypothetical independent Catalan state. This expert group emphasises that there is "no legal basis" to conclude that Catalonia would be automatically expelled from the EU the moment it became independent, or to state that it would automatically join the Union as a new Member State. There is no provision in the Treaties and there are no precedents. The report concludes that Catalonia's EU membership will be decided in a negotiation process where political and economic interests will be at play.

The legal services of the Catalan Government have issued a report analysing last week's Constitutional Court judgement on the Catalan Parliament's Declaration of Sovereignty. The Constitutional Court rejected the idea that Catalonia was a "sovereign political and legal entity", but at the same time it recognised that "Catalan citizens' right to decide" fits into the Constitution. The Court rejected "the right to self-determination" but it recognised self-determination as a legitimate and therefore constitutional "political aspiration". On top of this, the Court urged the political powers to talk and find agreements, and it pointed out that all the parts of the current Constitution can be reformed. As far as the Catalan Government is concerned, the Court is backing a vote to find out the opinion of Catalan citizens as long as it is only a consultation and not a binding self-determination referendum.

The Catalan Government’s Advisory Council for the National Transition (CATN), formed of renowned independent experts, emphasised that Catalonia’s independence from Spain would not represent breaking their affective and historical bounds. Furthermore, they insisted on the need to continue and even to increase cooperation “based on a new principle of equality and mutual respect between both parties”. They have suggested different ways to cooperate, through different structures. For instance, they proposed the creation of the ‘Iberian Council’ bringing together Catalonia and Spain, as well as Portugal and Andorra if they wished to, which would mirror the Nordic Council or the Benelux. Furthermore, the CATN issued three other reports, including a detailed analysis of Catalonia’s tax agency.

Catalan political parties will meet with social and economic agents to discuss how best to boost the Catalan economy. The Advisory Council is made up of academic experts and members of the business community. They drafted the report as a basis for discussion. Among many measures, they recommend partially paying for extra public services or reducing the number of public employees.