constitutional amendment

Madrid-born Pedro Sánchez won the primaries of the Spanish Socialist Party (PSOE) with 48% of the votes and will be elected the party's new Secretary General, replacing Alfredo Pérez Rubalcaba. Meanwhile, Miquel Iceta received 85% of the votes and will replace Pere Navarro as the new Secretary General of the Catalan Socialist Party (PSC), being the only candidate in these primaries. Both of them share the previous leaderships' views on Catalonia's self-determination process: they oppose independence and November's consultation vote. Both the PSOE and the PSC held elections on Sunday but the primaries' winners will be officially elected by the emergency party congresses to be held over the next two weekends. Sánchez defeated Eduardo Madina (36%) and José Antonio Pérez Tápias (15%), who was the only candidate fully supporting Catalonia's self-determination vote and shaping Spain as a pluri-national state.

King Juan Carlos' succession process is not explicitly backed by the Centre-Right pro-Catalan State Coalition Convergència i Unió (CiU), which played a crucial role in Spain's Transition from dictatorship to democracy and guaranteed on many occasions Spain's stability. However, this time, the CiU has decided to abstain in the vote on the Law on Juan Carlos' abdication, as it was announced last week. The CiU accused Spain's two largest parties – the governing People's Party (PP) and the Spanish Socialist Party (PSOE) – of having excluded them from this and previous processes. The bill was approved on Wednesday by 85% of the Spanish Parliament, but only with the votes from the PP, the PSOE and the Spanish nationalist and populist UPyD. The Catalan and Basque conservative nationalists have abstained, while the left-wing Catalan parties have voted against it. The CiU was an essential part of the consensus of the 1978 Constitution, which once again proves to be broken.

The Centre-Right pro-Catalan State Coalition, Convergència i Unió (CiU), which runs the Catalan Government and was an essential part of Spain's Transition from dictatorship to democracy, will not vote in favour of the law regulating the King's abdication. The CiU, which has played a crucial role in Spanish politics, has decided to abstain in the Spanish Parliament's vote, in line with its support of Catalonia's self-determination process. All other Catalan parties are expected to oppose the succession process, with the exception of the Catalan socialist Party (PSC) –part of the Spanish Socialist Party (PSOE) – and the Catalan branch of the People's Party (PP). In his first speech after his father's abdication announcement, the soon-to-be Felipe VI promised "to serve […] our beloved Spain", "a nation, a political and social community, united, diverse, which deepens its root in a millenary history".

Catalan parties, business associations and other institutions have reacted  to the abdication of King Juan Carlos announced this Monday morning. All the left-wing parties except the Catalan Socialist Party (PSC) – which is part of the Spanish Socialist Party (PSOE) – have called for a referendum on the monarchy's continuity and the instauration of a Republic. In fact, a series of demonstrations were held in several Catalan cities demanding a new Republic. The other widespread reaction came from those not questioning the monarchy, although all of them ask for a "modern King." Instead, most of them ask Crown Prince Felipe to be sensitive to the Catalans' will to self-determination and they expect he will act as a mediator to enable a negotiated way out to the current political conflict.

On Thursday and Friday, several messages were sent from business circles and the Spanish Socialist Party (PSOE) aiming to negotiate a Constitutional Reform to find a better accommodation of Catalonia within Spain. However, on Friday afternoon, the Spanish Government once again closed the door to such a Constitutional Reform saying there was "no consensus". In the morning, Spain's largest business owners association stated that "laws are not immortal" and "can be changed to adapt to reality". The day before, the President of the Cercle d'Economia business lobby said he supported "a legal" consultation vote "agreed with Spain", but asked the Catalan President "to give dialogue a second chance" and reform the Constitution if necessary. On Friday, the Secretary General of the PSOE stated that such a Constitutional Reform should be negotiated among the governing People's Party (PP), the PSOE and Catalonia. However, it would not recognise Catalonia's right to self-determination. The CiU's 'number 2' replied that the Spanish Government rejects talks. 

Despite all opinion polls indicating the contrary, the Spanish Prime Minister Mariano Rajoy stated that "the majority" within Catalonia do not support the demands to hold a self-determination vote and therefore he does not have "any dispute" with Catalan society. According to all the opinion polls, between 75% and 80% of Catalans support the organisation of a self-determination vote, regardless of whether they would vote for independence or not. "I am willing to talk about everything, but not about breaking national sovereignty and unity", stated Rajoy on Wednesday. The PM insisted that he wants to talk about the things that really concern "all the Catalans", which are the economic recovery and the funding of the Catalan Government, according to him. On Tuesday, he recognised that Catalonia's self-determination process was "a deep political problem".

The President of the Catalan Government, Artur Mas, has insisted that he will call for the consultation vote on Catalonia's independence, despite the Spanish Government's obstructive attitude. Mas was answering Prime Minister Mariano Rajoy, who asked him to give up on his referendum plans in order to start talking. For the Catalan President, this is not an offer to talk but "an imposition". Mas insists that the reason for not allowing Catalans to vote is not legal, since several legal ways have been identified to organise such a vote, but a lack of political will from the Spanish authorities. The Catalan President sent a clear message to the European Union: "the dynamics of states cannot drown the dynamics of peoples". He emphasised that the democratic will of the Catalan people has to be taken into account by the EU. Furthermore he praised Catalonia for being an example of "integrating people with very diverse origins […] without falling into populist and xenophobic movements", which "have been emerging in Europe lately".

On Tuesday evening the Spanish Parliament rejected a motion to transfer to the Catalan Government the power to organise a specific non-binding self-determination referendum, using Article 150.2 of the Constitution. 86% of all Spanish MPs rejected a motion presented by the Catalan Parliament to this effect, which was backed by some two-thirds of Barcelona’s Chamber. The Spanish Prime Minister Mariano Rajoy rejected the petition using his own interpretation of the Constitution, stating that Catalans could not possibly hold a vote on this issue within the current legal framework and therefore he could not authorise it. However, he pointed out that the Constitution could be reformed, although at the same time he has been blocking this way in recent years and has refused to talk about it. The Catalan representatives argued that allowing a self-determination vote was only a matter of political will.

The Catalan Parliament is formally requesting the Spanish authorities to transfer the power to organise referendums to the Catalan Government, using Article 150.2 of the Constitution in order to organise an agreed self-determination vote in Catalonia. The Spanish Parliament, where the governing People's Party (PP) holds an absolute majority, will reject the petition on Tuesday, closing the door to one of the current legal paths to hold such a vote. Prime Minister Mariano Rajoy (PP) and the leader of the Spanish Socialist Party (PSOE), Alfredo Pérez Rubalcaba, are expected to unite to reject the petition, which is backed by almost two thirds of the Catalan Parliament and some 75% of the Catalan population. Three Catalan MPs will emphasise that authorising a self-determination vote is not a legal problem but a matter of political will. However, Rajoy will insist on the "indissoluble unity of the Spanish nation" and is likely forget that Spain is "formed by nationalities and regions", as stated in the Constitution.

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 President of the Catalan Government, Artur Mas, stated on Wednesday that the self-determination process will go on despite the Constitutional Court’s ruling against the 'Declaration of Sovereignty' the day before. Mas insisted that the process "continues", since it is based on its democratic legitimacy, it adheres to its peaceful nature and will use all the existing legal frameworks. On the same day, the Catalan Vice President, Joana Ortega, sent a letter to all the Mayors in Catalonia to ask for their "compromise and co-operation" in organising a self-determination vote. Besides, the Catalan Parliament has elected the 3 MPs who will go to Madrid and ask for the transfer of referendum powers using Article 150.2 of the Constitution.

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 announced it will take to the Constitutional Court four bills drafted by the Spanish Executive because they neglect Catalonia’s self-government capacities and exclusive powers. The 4 affected bills are the Education Reform, the Market Unity Law, the Local Governments Law and the Environment Evaluation Law. The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, said that those reforms go against the Constitution and aim to reform it “through the back door”. “It is a reform without the needed transparency, without holding an open debate”, he said. “They are stripping away our political capacity to decide”, Homs emphasised. The Spanish Government justified the recentralisation of powers as a way to improve efficiency in times of economic crisis and austerity. However, several experts have already warned that it is not proven that efficiency will improve if powers are centralised.

The Spanish Parliament has approved a motion that “supports” the Spanish Government using “all the measures that the legal framework allowed to keep the unity of Spain, as a nation of free and equal citizens only subject to the rule of Law”. The motion has been filed by the People’s Party (PP), which holds an absolute majority and runs the Spanish Government. Spain’s nationalist and populist party UPyD abstained, as well as the Spanish Socialist Party (PSOE), including the MPs from the Catalan Socialist Party (PSC). Article 8 of the Spanish Constitution, negotiated between democracy supporters and members of the Franco Dictatorship, reads: “the Armed Forces […] have the mission to guarantee Spain’s sovereignty and independence, defending its territorial integrity and the Constitutional order”.

Catalan parties have filed several motions requesting the Spanish Prime Minister Mariano Rajoy to make a move regarding Catalonia’s self-determination and abandon his frontal opposition attitude. “React now before it’s too late”, the Spokesperson of the Centre-Right Catalan Nationalist Coalition (CiU), which runs the Catalan Government told Rajoy. The Left-Wing Catalan Independence Party (ERC) was asking the Spanish Government to negotiate the terms for holding a self-determination referendum in Catalonia. The Catalan Green Socialist and Post-Communist Coalition (ICV-EUiA) was asking Rajoy to transfer the powers to organise referendums to the Catalan Government, using Article 150.2 of the Constitution. Meanwhile, the Spanish and Catalan Socialists are proposing a revision of Spain’s territorial model. Rajoy rejected all the motions.