constitutive process

Pro-independence forces, governing cross-party list ‘Junts Pel Sí’ and radical left CUP, approved this Monday an agreed proposal which foresees the following steps to take on the roadmap towards Catalonia’s independence. The document establishes that the “Constitutive Process” will be divided into three stages: first there will be a participative process amongst the citizens, the second phase will imply passing the so-called three laws of disconnection, calling for new elections and writing the draft of the Catalan Constitution. At this point, the text mentions a “democratic unilateral mechanism which will allow to call for the Constitutive Assembly”, the body which will be responsible for writing the Catalan Constitution. The last stage will be a referendum to put this new Constitution to vote. 

The committee designed to study the constitutive process which has to put in place the basis of a future Catalan Republic has set to work. This Monday, pro-independence cross party ‘Junts Pel Sí’ MP Lluís Llach took responsibility at the head of the committee, after his predecessor, Muriel Casals, died from a head injury after suffering an accident in the beginning of February. The pro-independence parties in the Parliament considered it “indispensable” to set up a debate on the future Catalan constitution. “It will never be prohibited”, stated alternative left coalition ‘Catalunya Sí que es Pot’ MP Joan Coscubiela. The committee starts its work amid warnings from the Spanish executive, which ultimately took this committee before the Spanish Constitutional Court (TC) to evaluate its legality and potential future suspension.

The Spanish Constitutional Court (TC) accepted the appeal presented by the Spanish executive against the Parliament’s committee to study the constitutive process of a potential Catalan Republic. According to current Spanish vice president, Soraya Sáenz de Santamaría, the Catalan Government’s first aim was to make it “a legislative” committee but they decided to turn it into a “study committee” in view of its possible unconstitutionality. Furthermore, Spain’s state attorney believes that by launching this committee the Parliament would not be fulfilling the TC sentence which suspended the pro-independence proposal approved in the Catalan chamber on the 9^th of November.

The Spanish government’s acting vice president Soraya Sáenz de Santamaría announced that the competences of the new Catalan Ministry for Foreign Affairs will be taken before the court. The commission to study the constitutive process of a potential Catalan Republic, which was approved on Thursday during the new government’s first plenary session, will also be appealed. Spain’s executive believes that both actions violate competences of the Spanish government. On the other hand, Spain’s executive will not impugn new Catalan President Carles Puigdemont’s taking office, during which Puigdemont didn’t mention Spain’s King nor the Spanish Constitution. 

Cross-party list ‘Junts Pel Sí’ and radical left CUP, the two main forces supporting Catalonia’s independence in the Parliament, handed over an agreed declaration which establishes “the start of the process to create the independent Catalan State in the form of a Republic”. The document states that “the process of democratic disconnection won’t be subject to Spanish institutions’ decisions, particularly those from the Spanish Constitutional Court, which is regarded as discredited and without competences”. In fact, the declaration urges the new government to “obey exclusively those mandates produced” by the Parliament. The document considers it appropriate to start within a maximum of 30 days the processing of the laws for the constituent process, social security and the creation of a Catalan public tax office. The proposal will have to be voted on in an extraordinary plenary session to be held before the new president is instated.

Two weeks after the 27-S Catalan elections, the debate on who will be the next President is still bogged down. Pro-independence unitary list ‘Junts Pel Sí’ (‘Together For Yes’), which won the elections but didn’t get an absolute majority, confirmed that Artur Mas was their candidate to run for President. However, radical left CUP have repeatedly stated that they won’t instate Mas as President, as an independent Catalonia needs a leader “who can’t be identified with cuts, corruption and privatisations”. “Now we are extremely focused on the content, the what, when, and how” stated CUP’s leader Antonio Baños, in an interview with 'Catalunya Ràdio'. Simultaneously, in another radio interview, ‘Junts Pel Sí’ lead member Raül Romeva assured that he “agrees with almost everything” regarding CUP’s roadmap towards independence and insisted that choosing a candidate to be President “is now secondary”.