constitutional court

The President of the Catalan Government, Artur Mas, and the Spanish Prime Minister, Mariano Rajoy, finally met this Wednesday in Madrid to talk about the self-determination process and also about economic, social and institutional issues. Mas told Rajoy that a majority of the Catalan Parliament plans to hold a self-determination vote on the 9^th of November and they want to do it "reaching an agreement with the Spanish Government and within the legal framework". However, if Rajoy rejects negotiating such an agreement, Mas will use the Catalan legal framework to organise a legal vote. Rajoy emphasised that the consultation vote "is not legal and will not be legal" and therefore "will not take place". However, the Spanish PM did not present any alternatives to modify the current status quo. Besides, Mas presented Rajoy with a document with 23 issues not related to self-determination, such as Catalonia's under-budgeted public services, pending infrastructure works, and the Education Reform.

The much awaited meeting between the Spanish Prime Minister, Mariano Rajoy, and the President of the Catalan Government, Artur Mas, has finally been announced for Wednesday 30^th of July at 11am, after both politicians have stated during several months that they were open to talk. In the meeting they will discuss the institutional and social affairs related to the economic crisis, but they should also talk about the organisation of a self-determination vote in Catalonia. However, Rajoy has rejected to talk about it, as he considers it "an absurd" debate, despite the fact that 80% of Catalans want to hold such a vote and it is the main topic in Catalonia's political agenda, and probably in Spain's as well. Besides, on Monday 28^th of July, Rajoy will meet Pedro Sánchez, the new Secretary General of the Spanish Socialist Party (PSOE), who is also against Catalonia's self-determination and offered his will to reach agreements on "the territorial model".

Catalonia's National Alliance for Self-determination, which brings together some 3,000 entities including political parties, local governments, trade unions, employer associations, Chambers of commerce and NGOs, held on Friday its 3^rd meeting. The Alliance decided to send the Spanish Prime Minister, Mariano Rajoy, a letter to ask him not to block the self-determination vote scheduled for the 9^th of November, which would be organised under the Catalan legal framework. The document will highlight that the Constitutional Court stated that it did not have powers to solve issues arising from a part of Spain wanting to modify its political status and that "public powers, particularly the territorial ones" are those who have to solve it "through dialogue and cooperation". The letter will be sent in the coming days, ahead of the meeting between Rajoy and the President of the Catalan Government, Artur Mas. In this meeting, Mas will discuss this vote but also the institutional and social issues in Catalonia.

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.

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.

Following an appeal from the Spanish Government, the Constitutional Court has confirmed the cautionary halt adopted in January 2013 and it has now definitively banned the Catalan Executive's drug prescription fee. The measure had been adopted to reduce pharmaceutical spending by limiting superfluous drug demand in order to reduce the overall public spending. It was one of the austerity measures adopted by the Catalan Government in 2012 to reduce public deficit, in order to meet the strict deficit targets imposed by the Spanish Executive. The measure meant that Catalans had to pay a one-euro fee for each drug prescription, with a maximum of 60 euros per year and with many exceptions for people with chronic diseases, on low incomes and pensioners. On the same day, the Constitutional Court has backed the Catalan Executive's judicial fees, also appealed by Madrid.

The Catalan High Court has confirmed its previous decision to oblige 5 schools to teach "at least 25%" of their mandatory subjects in Spanish if the family of a single pupil asks for it, regardless of the opinion of the other children's families. The measure should be adopted "immediately", but the Catalan Government announced that it will lodge another appeal. Two months ago, the affected schools and the Catalan Executive had already appealed a decision that interpreted a previous judgement from the Spanish Supreme Court on the complaint presented by a dozen families from Catalonia. The measure represents a threat to the knowledge of Catalan language by all Catalan children, as well as a threat to true bilingualism, equal opportunities and social cohesion. The current model follows these principles as children totally master both languages, Spanish and Catalan. In addition, the court decision is a threat against separation of powers and Catalonia's self-government.

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".

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.

Irene Rigau, the Catalan Minister for Education, announced that Catalonia will participate in the working group created to analyse how to better implement the Spanish Government's Education Reform. Such a group was announced by the Spanish Education Minister, José Ignacio Wert, to make "Catalonia feel comfortable" with a Reform that totally changes the current school model. However, Rigau stated that the results of the working group will have to be assessed before implementing the Reform. On Wednesday, she refused to attend a meeting in Madrid to discuss how Spanish will be made an instruction language in Catalan schools. After the meeting, the Spanish Government stated that this will done "one way or the other" in September 2014. Meanwhile, the judicial battle goes on and the five schools forced to teach 25% of the subjects in Spanish will be allowed to appeal.

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.