constitutional court

The President of the Catalan Government, Artur Mas, reacted on Friday evening to the Spanish Executive's appeal against November 9's alternative consultation vote on independence. Mas guaranteed that the vote will take place because "it cannot be stopped" as it is run by volunteers. In addition, he has accused the Spanish Government of "abuse of power and abuse of legal process", since "it is using the Constitutional Court to solve its problems" and is using "the appeal to hide its lack of political capacity". Furthermore, he emphasised that the Spanish Executive had at first been "downplaying" and "mocking about" the alternative vote, but "two weeks later" it considers it to be a great threat to democracy and it appeals against it. By doing this, the Spanish Government "has crossed the line of becoming ridiculous", he added.

Early afternoon on Friday, the Spanish Government filed the appeal to the Constitutional Court against the alternative participatory process that the Catalan Government is organising for the 9^th of November. According to the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, the appeal's objective is to avoid "an abuse of the legal framework" and "to protect democracy" from the "perversion" represented by the Catalan participatory process. In addition, the appeal also aims "to protect civil servants", emphasised the Deputy PM. Furthermore, she considered that the President of the Catalan Government, Artur Mas, "is taking another step outside of the Constitution" and that he "wants to violate the rights of citizens". This time, the Constitutional Court has not rushed to accept the Spanish Government's appeal, as it did on the 29^th of September, and it is likely to do so on Tuesday 4^th of November, in its next scheduled plenary. If the Court accepts the appeal, as it is expected, the participatory process would be automatically suspended, awaiting the final decision, which can take months or years.

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 Spanish Government, chaired by Mariano Rajoy, has activated the machinery to suspend the alternative non-binding participatory process that the Catalan Executive is organising on the 9^th of November, which replaces the original consultation vote. On Monday evening, Rajoy asked the State Council – his main advisory body – for a non-binding report on the Catalonia's new vote; it did so on the same day that a broad network of corruption, mainly involving Rajoy's People's Party (PP), was revealed. On Tuesday, the Catalan Government replied that its will is to put out ballot boxes, since it does not believe the Constitutional Court will suspend such a participatory process. Left-wing parties backing a self-determination consultation asked the Catalan Government to keep the vote no matter what. Now that the unity of action among pro-self-determination forces has been restored, the PP is calling the vote a "referendum", after downplaying it for two weeks.

The Spanish Government announced on Friday that it has asked its legal services to analyse all the aspects of Catalonia's alternative vote of the 9^th of November, which is replacing the original consultation vote that has already been banned by the Spanish authorities. 16 days before the consultation vote has to take place and 10 days after it was announced by the President of the Catalan Government, Artur Mas, the Spanish Executive is starting to pave the way for appealing against this new participatory process that asks Catalans their opinion about independence from Spain. On Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, stated that Mas is pretending to replace "an illegal process for one that is even more antidemocratic". Therefore, it seems that after a few days hesitating whether or not to ban the new vote, the Spanish Government will probably appeal against it and make the Constitutional Court temporarily suspend it. In the last few days, Catalan political parties and civil society organisations have rebuilt their unity of action, which seemed broken during the time the Spanish Government was hesitating.

Catalonia's National Alliance for Self-Determination, which brings together more than 3,000 civil society, business, cultural, sports and political organisations, pledged to make sure that the alternative participatory process scheduled on the 9^th of November will be a success, in terms of voter turnout and of other "great mobilisations". Despite the acknowledged limitations of this alternative vote that replaces the original consultation vote scheduled on the same day, the National Alliance has agreed to focus its collective efforts on this day's success, also backing "other forms of mobilisation that will strengthen citizen participation" in the self-determination process. Furthermore, the Alliance Coordinator, the veteran Christian-Democrat politician Joan Rigol, stressed that political parties will also focus on this day and will increase "coordination" to overcome recent tensions among them. The National Alliance will meet again after November 9 to discuss the next steps.

The Constitutional Court has accepted the Spanish Government's appeal against the Catalan Executive' decree from December 2013 with which families in need are protected from their household electricity and gas being cut off by energy supply companies during winter months. The Catalan Government's measure aimed to fight the so-called 'energy poverty': people who cannot afford to pay for their energy bills because they do not get minimum income. The decree was not a cancellation of the bills but to allow those families to postpone the payment during the winter months. However, the Spanish Executive considered that the Catalan measure represented a "discrimination" against the citizens from other Autonomous Communities, who have to pay their energy bills on time. The appeal goes against Catalonia's political autonomy and is arbitrary. The Catalan Government stated it was "upset" by the ban and added that it will find an alternative way to help those families.

938 of the 947 existing municipalities in Catalonia will host polling stations for the alternative consultation vote on independence scheduled for the 9^th of November, which replaces the original non-binding referendum. According to the Catalan Government, this represents 99.9% of Catalans being able to vote in their own neighbourhood, town or village, without having to go to a nearby municipality. The Catalan Government will be using its own venues to host the polling stations (mainly high-schools), but it lacks them in small towns. For this reason it requested that town halls cooperate and make municipal venues available for voting. 4 additional municipalities could be added to the final list. In addition, civil societies and parties will be able to campaign in 305 Catalan Government's venues between the 30^th of October and the 8^th of November.

The international rating agency Moody’s analyses the current political situation in Catalonia regarding the alternative consultation vote scheduled for the 9^th of November and the potential early elections. Moody’s considers that early Catalan Parliament elections are the most likely scenario, emphasising the Catalan Government’s commitment to respect the legal framework. In addition, it also considers “a common platform” with which pro-independence parties would run in the elections to be the most likely outcome. On top of this, Moody’s predicts the victory of such a common platform and that Catalonia would be in a “strong” position to negotiate a better fiscal deal within the current Constitution. However, in such scenario, Moody’s does not consider independence. In this vein, Catalonia’s credit rating is likely to improve while Spain’s would worsen.

The Catalan Government is disclosing further organisation details of the alternative participatory process that will take place on the 9^th of November, which is replacing the original consultation vote that was banned by Spanish authorities. The Catalan Minister for the Presidency, Francesc Homs, announced that 26,372 volunteers had already signed up on Monday afternoon to help in the organisation of the 9^th of November's vote. 20,000 were initially required, but Homs announced that registration would remain open because "the greater amount of resources we have, the better". In addition, high-schools will be the 700 Catalan Government's venues that will host the 6,000 voting booths. In the small rural towns and villages without high-schools, the Catalan Government is talking with municipalities to find alternatives.

After the civil society demonstration that took place on Sunday asking for the rebuilding of the unity of action and calling early elections, there has been some confusion regarding the Catalan Government's announcement of a "pre-agreement" on "a technical" unity for the alternative participatory process on the 9^th of November. In the morning the Catalan Government's Spokesperson, Francesc Homs, announced such a pre-agreement with the alternative left and radical independence CUP and was hoping the other parties would join it. The CUP refused such a pre-agreement. In addition, the left-wing Catalan independence party ERC and the Catalan green socialist and post-communist coalition ICV-EUiA met after knowing this announcement and asked for early elections. In addition, they said they will keep working for a shared proposal to strengthen the democratic guarantees for the new November 9.

The Catalan National Assembly (ANC) and Òmnium Cultural, which are the civil society associations that organised the massive pro-independence demonstrations in 2012, 2013 and 2014, have given their support to the alternative consultation vote proposed by the Catalan Government but on the condition of early elections taking place within the next three months. On Sunday, the ANC and Òmnium gathered 110,000 people (according to Barcelona local police) in Catalunya Square, three times more than the pro-Spanish-unity demonstration that took place in the same place a week earlier. In front of a pro-independence crowd, the two civil society organisations demanded unity of action from the parties supporting self-determination. They called for "a massive mobilisation" in the alternative participatory process of the 9^th of November, being "the first round" of the early elections, which should become a 'de facto' referendum on independence.

After the cancellation of the original consultation vote scheduled for the 9^th of November, parties are preparing for hypothetical early elections, transformed into a de facto referendum on independence. The parliamentary stability alliance between the governing centre-right pro-Catalan State coalition CiU and the opposition left-wing Catalan independence party ERC is seriously damaged. This affects the approval of the Catalan Government's budget for 2015 and a potential electoral alliance in such a plebiscite on independence. CiU, formed by the Liberal CDC and the Christian-Democrat UDC, and social-democrat ERC were the three main parties within the pact for the consultation vote scheduled. As preparations for the 9^th of November would have required breaking Spanish law, tensions between them were raised. After the pact was broken, there have been efforts to work together again on different fronts, while UDC is looking for new allies.

Parties supporting the self-determination vote scheduled for the 9^th of November have met on Monday in Barcelona to discuss whether to carry on the consultation vote as is currently planned or to launch an alternative, in view of the total opposition from the Spanish authorities. According to two parties present at the meeting, the Catalan Government has ruled out the organisation of the consultation as it has been proposed by the decree that has been temporarily suspended by the Constitutional Court. Instead, the Catalan Government has proposed organising a “participatory process” on the same day, using the legislation that has not been suspended by the Spanish authorities. This alternative will be disclosed on Tuesday morning by the Catalan President, Artur Mas. The Spanish Government has already said it will also appeal against such an alternative. The left-wing Catalan independence party ERC has announced it will not back such an alternative and proposes a unilateral declaration of independence.

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) will have to decide whether it suspends Santiago Vidal, judge of Barcelona’s High Court, for having worked in his free time on the drafting of a proposal for a future Catalan constitution in the event of independence, together with other law experts. The CGPJ judge in charge of investigating other judges, Antonio Jesús Fonseca-Herrero, recommended Vidal’s temporary suspension for “infidelity to the Constitution” of Spain. On Friday, the Catalan judge defended his freedom of expression and argued that this activity did not affect his work as he was doing it during his free time. The CGPJ decided to investigate Vidal, despite not having done the same with judges participating in activities of the People’s Party political think tank, for instance.