constitutional court

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.

Spain’s Constitutional Court has ruled against the Catalan Parliament’s Law on Consultation Votes, approved in September, and the President of the Catalan Government’s Decree calling for a consultation vote on independence on 9 November last. The Constitutional Court had already temporarily suspended both legal measures in October, but it still was yet to issue its definitive verdict. After the temporary suspension, the Catalan Government promoted an alternative and symbolic vote on independence run by 40,000 volunteers, also on 9 November, in which 2.35 million people participated despite the Spanish authorities’ full opposition and even threats. The Catalan President, Artur Mas, stated that the Constitutional Court’s final decision “leaves 27 September [early elections] as the only way to consult the Catalan people” about their collective future. Meanwhile, the Spanish PM, Mariano Rajoy, highlighted that the Court’s decision “has been adopted unanimously” and that “governments have to honour laws”.

The Catalan Parliament delivered a petition to the Constitutional Court in order to defend the Catalan law on opening hours for shops, which is more restrictive than the Spanish one. Catalonia is trying to preserve its small urban shops model, where most of the shops are run by families. The Spanish Government passed a reform in 2012 forcing Catalonia to allow longer opening hours. In 2013, the Catalan Executive promoted a new bill to invalidate the Spanish one. The new law was approved with 80% support in the Catalan Parliament in January 2014, but the Spanish Government appealed against it a few months later, and the Constitutional Court suspended the Catalan text in late 2014. 

The Constitutional Court has accepted to debate the Spanish Government's last appeal against the Catalan Executive's tax on bank deposits, which has to be paid by financial entities. Such a decision represents the automatic cancellation of the tax for an initial period of 5 months. Catalonia approved such a measure in December 2012 and two weeks later, the Spanish Government approved its own tax with a 0% rate, so it was 'de facto' cancelling the regional taxes. However, instead of compensating Catalonia for having cancelled the tax – as it is legally obliged to do – the Spanish Government refused to do so, since it argued that the tax had not entered into force yet and took the issue to the Constitutional Court. The Court initially accepted the Spanish Executive's appeal and the tax was temporarily suspended, but in May 2013 it was lifted. In July 2014, the Spanish Government modified the tax with a 0.03% rate and in December it presented a new appeal against the Catalan tax, which brought in some €680 million in 2014.

Despite Catalonia-based prosecutors having concluded that there is no legal basis for such a complaint, the Director of the Public Prosecution Office, Eduardo Torres-Dulce – directly appointed by the Spanish Government – will finally file it, after 10 days of controversy. All the opposition parties have accused the Spanish Government of pressuring Torres-Dulce and taking a political problem to court. In addition, the Catalan Government accuses Rajoy’s People’s Party (PP) of not respecting the separation of powers. On Monday, the Catalan prosecutors announced they were not backing the complaint, but the Madrid-based Director stated he would carry on anyway. On Wednesday, Torres-Dulce held a long meeting with Spain’s main prosecutors, who backed him but not unanimously. The complaint will be against the Catalan President, Artur Mas, but also against the Vice President, Joana Ortega, and the Education Minister, Irene Rigau.

The public prosecutors based in Catalonia refused to back their Madrid-based boss regarding the complaint against the President of the Catalan Government, Artur Mas, and other members of his cabinet for authorising November 9’s symbolic vote on independence. According to them, there are not enough legal reasons for filing such a complaint, despite the pressures from Spanish nationalists to do so. The Director of Spain’s Public Prosecution Office, Eduardo Torres-Dulce – who is directly appointed by the Spanish Government – had unsuccessfully been trying to obtain the explicit support from his Catalan team. However, Torres-Dulce is likely to follow through with it anyway, after several members of the Spanish Government, the People’s Party (PP) and other Spanish nationalist parties urged him to do so. In any case, the Catalan prosecutors’ rebellion will not provoke a schism in this hierarchical institution, since on Tuesday afternoon they confirmed they will obey Torres-Dulce if he insists. The Catalan Government and political parties based in Barcelona warned that Madrid’s pressures seriously damage the separation of powers. Meanwhile, the PP accused Catalan prosecutors of being “contaminated by the atmosphere” of “radical secessionism”.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

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 Constitutional Court rejects calling an urgent meeting to debate the appeal that the Catalan Government filed on Friday against the suspension of Sunday's participatory process, in which it asked the Court for further clarifications about the suspension's exact scope. A month ago, the Court organised an urgent and non-scheduled meeting that took place only 5 hours after the Spanish Government filed its appeal against November 9's consultation vote. However, on this occasion, when the vote is supposed to take place in less than 48 hours and not in 5 weeks time, the Court will not organise an urgent and non-scheduled meeting. In fact, the Court will follow its previously agreed calendar and will meet in 2 weeks time.

The Spanish Government's Delegate in Catalonia, María de los Llanos de Luna, sent letters on Thursday to the directors of high-schools throughout Catalonia reminding them that the Constitutional Court had temporarily suspended November 9's participatory process. Furthermore she added that "neither agreements nor actions going against the Court's decision" should be carried out. De Luna explained that "allowing the use of education centres to carry out actions related to the suspended consultation vote" might go against the Court's decision. In addition, she sent similar letters to all the mayors, chairmen of supra-municipal bodies, main municipal officers and Catalan Ministers related to the participation process' organisation. Furthermore, on Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, asked the Catalan President, Artur Mas, "not to force" civil servants, mayors and citizens to "disobey the law".

The Spanish Supreme Court has decided to reject the Catalan Government's complaint, filed on Tuesday, against the Spanish Government's appeal of the citizen participation process on independence, scheduled for the 9^th of November. Therefore, the Constitutional Court's temporary suspension of such a non-binding consultation is still valid. The Catalan Government considered that the appeal filed by the Spanish Prime Minister, Mariano Rajoy, went against Catalans' fundamental rights, such as the freedom of expression, the freedom of ideology and the right to political participation. However, the Supreme Court's Administrative Law Division decided on Thursday not to accept the Catalan Government's complaint and stated that it should have been filed to the Constitutional Court. The Catalan Government used the Supreme Court path because it was the only possible way to cancel the suspension before Sunday.

The President of the Catalan Government, Artur Mas, announced on Wednesday that next Monday he will send a letter to the Spanish Prime Minister, Mariano Rajoy, to assess November 9's participatory process and to offer a negotiation for organising a definitive referendum on independence. Mas made such an announcement the day after the Constitutional Court suspended November 9's vote and after the Catalan Government confirmed that the participatory process will still take place on Sunday. The Catalan President emphasised that November 9's vote "is not a referendum to declare independence" and he said that those making these declarations "are lying". Mas emphasised he has respected the suspension of the original consultation vote, launching a citizen participation process instead. "If such a process cannot be carried out in a normal way, then Spanish citizens should think about Spain's democratic quality", he concluded.

On Tuesday, Spain’s Constitutional Court accepted to take into consideration the Spanish Government’s appeal against Catalonia’s participatory process about independence, which has been organised by the Catalan Executive as an alternative to the original consultation vote that was banned by the Spanish authorities five weeks ago. The Constitutional Court has unanimously accepted the Spanish Prime Minister’s new appeal, which brings the automatic and temporary suspension of the object appealed against until a definitive decision is reached. However, the Catalan Government emphasised that the participatory process is still in place, since it is different to the original consultation vote. In addition, it will file a complaint to the Supreme Court against the Spanish Government for not respecting Catalans’ basic rights and freedoms.

On Monday the Catalan Government filed a complaint to the Constitutional Court by which it requested the rejection of the Spanish Executive's appeal against the alternative and non-binding consultation vote on independence scheduled for the 9^th of November. The Catalan Executive accuses the Spanish Government of "abuse of power and abuse of the legal process" since it is filing an appeal instead of filing a mere execution incident in order to force the Court's automatic  suspension of the alternative vote and stop citizens from expressing their opinion. According to the Catalan Minister for the Presidency, Francesc Homs, the Spanish Government cannot argue that Catalan authorities are disobeying the temporary suspension of the original consultation vote and at the same time file a new appeal on this same matter. When the Constitutional Court accepts an appeal from the Spanish Government, the object being appealed against is automatically suspended until a final decision is reached.