constitutional court

A two-third majority of the Catalan parliament has approved a motion supporting the self-determination consultation vote, scheduled on the 9^th of November, which has to take place "with all the possible democratic and participation guarantees". With this resolution, parties have reaffirmed their commitment to carry out this vote, which will very likely be banned by the Spanish authorities in the coming days. The parliamentary text has been approved with the support of 89 MPs of the 133 representatives who voted (since 2 were ill), a 66.9% majority. The resolution has been approved with the votes of the governing centre-right pro-Catalan state coalition CiU (which brings Liberals and Christian-Democrats together), the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the alternative and radical independence party CUP, as well as with 3 votes from rebel MPs of the Catalan Socialist Party (PSC). The rest of the PSC, the People's Party (PP) and Ciutadans (C's) have opposed the motion.

Catalonia's self-government might be suspended in the coming weeks if the Catalan authorities organise the self-determination consultation vote on the 9^th of November, suggested the Spanish Minister for Foreign Affairs, José Manuel García-Margallo. The week after 1.8 million Catalans formed an 11km-long mosaic to support November's non-binding vote, García-Margallo stated that the Spanish Executive will use "all the means at its disposal" to stop such a vote from happening; all the means "within the Law, but using all the Law", he added. A few hours later, before the Spanish Parliament, García-Margallo was asked about this statement, which he confirmed. He also dared to talk about an armed intervention but ruled out the possibility of "putting out the tanks", because "that does not seem to be within the Constitution". Catalonia's autonomy was restored in Autumn 1977 and it was one of the most essential pillars of Spain's democratic transition and of the Constitution approved in December 1978.

The Spanish Government "cannot change its stance", stated Spanish Deputy PM on the day after Catalonia's independence supporters peacefully formed a colossal rally for the 3^rd consecutive year. Furthermore, the Director of Spain's Public Prosecution Office – appointed by the Spanish Government – threatened the Catalan President with "penal" actions if he carries on once the vote has been formally banned. The day before, 1.8 million people formed an 11km-long Catalan flag mosaic demanding to vote on the 9^th of November. "Citizens have the right to demonstrate but governments have an obligation to honour the law", stated the Deputy PM. Using a restrictive interpretation of the Constitution, Madrid has been insisting that it is "illegal" to hold such a vote. Besides, the European Commission refused to provide specific comments on the massive demonstration of European citizens, repeating it is "an internal issue".

The President of the left-wing Catalan independence party ERC, Oriol Junqueras, stated on Tuesday that "the greatest expression of civil disobedience is voting when they prevent you from voting", referring to the ban that the Spanish Constitutional Court is likely to issue on the self-determination consultation vote scheduled on the 9^th of November. Furthermore, Junqueras also stated that he is convinced that the Catalan President will call for the vote and "will put out the ballot boxes". He also added that the ERC could sit at the Catalan Executive if this action were to "fully protect the consultation vote". The Spanish Government is totally opposed to such a vote and has already announced that it will appeal to the Constitutional Court, which has a majority of its members directly appointed by the People's Party (PP). The Court already lost most of its legitimacy in 2010 when it trimmed the Catalan Statute of Autonomy.

Spain's Prime Minister, Mariano Rajoy, told the Executive Board of the governing People's Party(PP) that he has "all the measures ready" to stop the Catalan self-determination vote from happening. However, Rajoy avoided giving details about such measures and disclosing specific plans. The Spanish PM emphasised that his stance on Catalonia's right to self-determination and the organisation of an independence vote has remained unchangeable for the last two years. Rajoy took pride in not having made any concession to the demands coming from Catalonia and not having sat around a negotiation table. In fact, the PP and the Spanish authorities are totally opposed to such a vote, imposing a restrictive interpretation of the Constitution to reject a demand that is shared by some 80% of the Catalan population. Furthermore, Rajoy has also confirmed that the Spanish Government will immediately appeal the Catalan Law on Consultation Votes, despite such a law having not yet been approved.

The President of the Catalan Government, Artur Mas, stated once again that the self-determination consultation vote will take place on the 9^th of November but he also added that "things have to be done in the right way". In front of businesspeople at an event of Barcelona's Chamber of Commerce, Mas stressed that "both things have to come together", meaning voting and doing things right. He underlined that "this means always respecting an existing legal framework". After the controversies on whether the vote should take place if the Constitutional Court bans it, Mas insisted that the call will be based on Catalan legislation and that the Court might not ban it in the end. Besides, he admitted that Catalonia's "freedom" would come with some economic costs, but that those of continuing in the current situation would be much higher. Mas also said that Pujol's scandal "will not affect" him or the Catalan Government.

The President of Catalonia, Artur Mas, held an exceptional meeting on Monday evening with all the Ministers, Deputy Ministers and Directors of the Government he chairs in order to prepare for the coming weeks, which are crucial in the self-determination process. Mas told the 200 people present about "his certainty" that "there will be a consultation vote, that he will call it and that people will vote", summed up Francesc Homs, Minister for the Presidency and Spokesperson for the Executive, at the end of the meeting. The President asked them to be "committed" and play "a leading role" within the self-determination vote instead of being "mere spectators or commenters", since "the country is ready". "Obviously this [the self-determination vote] is an operation including the entire country, and a lot of people, but the Government is also part of it in a very essentials way, and he asked us to honour this in such decisive times", added Homs.

On Friday Spain's Deputy Prime Minister, Soraya Sáenz de Santamaría, warned that the Catalan Law on Consultation Votes will be "automatically suspended" the moment the Spanish Government files an appeal against it. Furthermore, the Deputy PM added that such an appeal will be filed "immediately" after the law is approved by the Catalan Parliament. However, she recognised that the Catalan Government could act in a faster way and issue the decree calling for the self-determination vote – scheduled on the 9^th of November – before the Spanish Executive has filed the appeal. In any case, Sáenz de Santamaría highlighted that once the appeal is filed, both the law and the decree will be cancelled. Furthermore, she insisted on the obligation to respect the Constitution and the current legal framework, which is what provides the offices of those taking decisions in Catalonia and, ultimately, guarantees democracy.

With the aim to stop Catalonia's self-determination vote, the People's Party (PP) has confirmed that the Spanish Government is already preparing two appeals to the Constitutional Court against two legal measures that have not yet been approved. The Government chaired by Mariano Rajoy is preparing a first appeal against the Catalan Law on Consultation Votes, which should be approved in mid-September. This law will be the legal base for the self-determination vote, scheduled for the 9^th of November. Rajoy's second appeal is against the Catalan President's formal call to hold the independence consultation vote; a call that would be issued after the approval of the Consultation Vote Law. With these two appeals against two legal means that still do not exist, and whose exact wording is therefore still unknown, the Spanish Government is looking for the Constitutional Court to temporarily cancel the law and the call, and therefore stop November's vote from happening.

"The time for speculation is over; now it is time for decisions, and this goes for everybody", stated the Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, after the first Cabinet Meeting held after the summer break. Homs was referring to the Spanish Prime Minister's monolithic opposition to the self-determination vote and to the warning sent by the leader of the left-wing independence party ERC, Oriol Junqueras. The ERC President "cannot imagine" somebody "breaking the enormous unity" around the independence consultation vote, scheduled for the 9^th of November, which is "the only scenario" agreed on.  Homs insisted in the Catalan Government's "unequivocal commitment" to such a vote. However, he rejected making any speculation on how Catalan authorities should react "to things that have not passed", referring to the likely ban from the Spanish Constitutional Court to the November vote. "We are entering a new stage", he concluded.

Manos Limpias, an extreme-right and Spanish nationalist trade union, will file a judicial complaint against Carme Forcadell, President of the Catalan National Assembly (ANC), the grass-roots NGO that is organising the main campaign for independence from Spain. The far-right organisation will sue Forcadell for "provoking sedition", as they consider she is "the driving force" and "the leader of Catalan civil society", and the main promoter of "a road map" towards independence. In addition, Manos Limpias' Secretary General, Miguel Bernad, said they have "data" showing that "the consultation vote will take place" on the 9^th of November, even if the Spanish authorities ban it. The extreme-right organisation does not rule out the possibility of presenting similar complaints against the President of the Catalan Government, Artur Mas, and the President of the left-wing independence party ERC, Oriol Junqueras.

After the controversy of the last few weeks about whether the independence consultation initially scheduled on the 9^th of November might be postponed if the Spanish authorities were to ban it, the 4 Catalan Parliament groups supporting this vote appeared together on Wednesday and reinstated their commitment to such a consultation. They reaffirmed their unity of action and their will to vote even if the Constitutional Court bans the call, based on the Law on Consultation Votes to be approved by the Catalan Parliament in September. Leading figures from the governing centre-right pro-Catalan State coalition CiU, the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the radical left and independence party CUP emphasised that the "people had democratically elected to decide on their collective future through the polling station".

After doubts generated in the last few days around the possibility of postponing next November's independence vote and Tuesday's quarrel among the forces supporting self-determination, the President of the Catalan Government, Artur Mas, has cooled tensions down. On Wednesday, Mas emphasised that the Catalan Government's only plan is to vote on this 9^th of November, as was agreed among a wide majority of parties. In addition, he also asked the parties to put partisanship aside and "to take risks and [act] smartly". Mas stated that, if the Spanish authorities ban the self-determination vote, the reaction will be agreed among all the parties supporting such a vote. With these words, Mas rejected the idea that the Catalan Government will automatically postpone the vote if the Constitutional Court bans it, as was suggested on Tuesday by the Catalan Vice President, Joana Ortega. Her words and previous statements launched an immediate response from all the other parties which insisted that Catalans had to vote on that day.

In the last few days, the centre-right pro-Catalan state coalition CiU, which runs the Catalan Government, has sent several messages suggesting that the self-determination vote scheduled for the 9^th of November would not take place on that day if the Spanish authorities managed to declare it illegal, despite that fact that it would be backed by Catalan legislation. At first it was the President of the Catalan Executive, Artur Mas, who stated that "the only plan is to vote", being on the 9^th of November consultation or later through plebiscite elections. The last message was sent this Tuesday by the Catalan Vice President, Joana Ortega, who said that "if the [Spanish] State puts obstacles in front of the vote on the 9^th of November" the vote will be postponed. The rest of parties that support the self-determination vote – ERC, ICV-EUiA and CUP – replied to Ortega, saying that Catalans have to vote on that day. In addition, the two grass-roots organisations behind the pro-independence demonstrations of 2012, 2013 and 2014 have stressed that they "will not give up on voting on the 9^th of November".

Mariano Rajoy, Spain's Prime Minister, admitted that he "does not know what will happen on the 9^th of November", the day on which a majority of Catalan parties agreed upon for holding a self-determination vote, which goes against the Spanish Government's will. However, Rajoy immediately added that the Catalan President, Artur Mas, told him that "he will not be doing anything illegal", in their Wednesday meeting. The Spanish establishment considers such a vote to be illegal while a few constitutional experts say that such a vote could take place if there was the political will to authorise it. A two-third majority of the Catalan Parliament is determined to use Catalonia's legal framework to call a legal vote. Besides, in the press conference held on the Friday before his holidays, Rajoy also admitted that the self-determination debate is not affecting the economy. However, he added that any step generating "uncertainty or doubts" will "not help" the economic recovery.