court

The Spanish Parliament has approved a bill through which the Spanish Government can take control of the Mossos d'Esquadra (Catalonia's police corps managed by the Catalan Executive), in order "to defend Spain" or in the event of a natural disaster. The Spanish Government has justified the measure by stressing the need to enhance coordination in a crisis situation, putting several security corps under the same command. However, the law also comes in the middle of Catalonia's debate on independence from Spain and with several voices in Madrid, including leading members of the Spanish Government, talking about the possibility of suspending Catalonia's autonomy in the event of a unilateral declaration of independence. The Catalan Government will take the new law to the Constitutional Court, as it is an invasion of its own powers.

The President of the Catalan government, Artur Mas, has told parties favouring the right to self-determination on Thursday to "enhance" the plebiscitary character of the 27-S elections after the Spanish Constitutional Court (TC) ruled the Catalan government's preparations for the 9-N election unconstitutional. The 9-N ballot asked voters whether Catalonia should be independent. According to Mas, the judgment evidences that the Constitution has become a "dead end" and that there is no other route left except for a plebiscitary vote. He warned that the TC cannot "override or erase" the vote of 2.3 million people on 9-N.

Catalonia's Supreme Court (TSJC) has ruled against the petition filed by the Spanish Ministry of Education that asked to reopen the enrolment process for the next school year in order to use registration forms in which parents could explicitly choose whether they wanted their children to be taught in Spanish as an instruction language. In the last few years, the Spanish Government has been undertaking a judicial battle to change Catalonia's school model, which has been developed with an extremely wide consensus over the last 35 years and completely guarantees the knowledge of both Spanish and Catalan, as results show. The model is based on the linguistic immersion principle, through which children are mostly taught in Catalan, although many flexible measures are included. However, the Spanish Government would like to have Spanish as an instruction language as well, despite most of the pedagogic experts considering that if this were the case, many children from Spanish-speaking environments would not have a proficient knowledge of Catalan and would not be bilingual.

The Catalan Government has approved its 'Strategic Plan for the External Action 2015-2018', which foresees the opening of additional delegations abroad. The Spokesperson for the Catalan Executive and Minister for the Presidency, Francesc Homs, who is in charge of External Relations, announced that some of these delegations may be opened in the coming weeks. Homs admitted that the Spanish Government may appeal against the new delegations and the plan, as it did with the delegations in Rome and Vienna, and the External Action Law. The Law was approved last November but was already foreseen in the Catalan Statute of Autonomy from 2006. In addition, Catalonia's own external action was validated by the Spanish Constitutional Court in 2010. With the independence debate on the table, the Spanish Government is insisting on reducing the number of delegations and controlling their activities.

Spain's Supreme Court has once again ruled against the Catalan school model, following the individual appeals of a very small group of parents that wanted their children to be schooled in Spanish within Catalonia's public education system. Spain's Supreme Court (TS) has backed the decision of the Catalan Supreme Court (TSJC) to oblige schools in Catalonia to teach "at least 25%" of their subjects in Spanish, including "at least" one core subject. The TS considers such a share to be "reasonable and proportionate". It also admitted that by imposing such a share, the TSJC was "substituting" the role of the Catalan Government and Parliament. However, the TS justified such an invasion of powers because it considers the Catalan Government to have  disobeyed its previous rulings and not changed the school model to make sure that children can also have Spanish as a regular tuition language if parents request this. However, the TS’ decisions are far from reasonable, according to a broad majority of Catalan society, since it breaks social cohesion and a model approved by an extremely broad consensus that perfectly guarantees the knowledge of both Spanish and Catalan.

The Spanish Ministry of Education has filed an appeal to the Supreme Court of Catalonia (TSJC) to cancel the already-sent enrolment applications for the next school year in order to include the option of choosing Spanish as the language of tuition. Five parties representing 80% of the Catalan Parliament have strongly protested against this "new attack" on a school model that guarantees that pupils master both Spanish and Catalan and has many flexibility measures for newcomers. The model is also backed by an extremely broad majority of Catalan society and only a few dozen families, out of the 1.55 million pupils in Catalonia, had requested education in Spanish. Linguistic immersion in Catalan ensures knowledge of the language by children who are not regularly exposed to it, while the model also ensures knowledge of Spanish. Therefore, equal opportunities and complete bilingualism are ensured. However, the model has been the target of Spanish nationalists for a long time.

The fee that was temporarily charged on each drug prescription in Catalonia between June 2012 and January 2013 has started to be refunded by the Catalan Government, after the Constitutional Court definitively banned it in May 2014. The decision came after an appeal from the Spanish Government, despite the People Party (PP) initially having supported the measure in spring 2012. However, after the Catalan Government started to back independence from Spain in autumn 2012, the PP decided to oppose the drug prescription fee. The measure had been adopted to reduce pharmaceutical spending, with the final goal being to reduce public deficit. In the short period the fee was in place, €45.7 million was directly earned but much more was saved, since drug spending dropped by around 23%. According to the Catalan Government's calculations, so far 100,000 euros has already been returned to approximately 5,000 people and about €6 million will be returned in total. So far, 300,000 people have filed the request, with an average of €20 per person.

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.

Jordi Pujol Ferrusola, the eldest son of former Catalan President Jordi Pujol, has testified in court to explain the management of the money his family kept in Andorra for 34 years without informing the Spanish tax authorities. Jordi Pujol senior confessed the alleged fraud in July, shocking the entire Catalan society and destroying his moral leadership. In the past few months, the former Catalan President (1980-2003), his wife, and 6 of their 7 children have been indicted for alleged fiscal fraud, and 3 of them are also indicted for other corruption and fraud cases. The Spanish authorities may have known about irregular activities of the Pujol family for decades, but it only made front-pages when the former President started to publicly support independence. Besides, the Catalan Parliament have already undertaken a series of hearings to investigate potential corrupt practices during Pujol's governments.

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.

Barcelona Provincial High Court judge Santiago Vidal, who has openly supported independence, has been expelled from the judiciary for a 3-year period by the Spain’s Judicial Power Council (CGPJ). The sanction is far from unanimous and has been adopted after an 9-hour-long debate among the CGPJ’s 21 members, since the liberal minority was against sanctioning the judge for having written a draft Constitution for an independent Catalonia. However, the conservative majority considered Vidal to have committed a grave mistake regarding his duty to respect the Spanish Constitution. Vidal has been arguing over the past few weeks that such a draft was written in his free time and is part of his freedom of expression and ideology. In addition, he defended himself by saying that when working as a judge, he has always followed the current Constitution and legal framework. After hearing the CGPJ’s decision, Vidal stated that the decision is “political” because he is “hostile to the regime”, “an expression from 40 years ago that I thought I would not hear in democracy”.

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”.

Spain’s National Court, a Madrid-based high court in charge of investigating and ruling on transnational felonies, announced on Tuesday the indictment of FC Barcelona – as a legal person – and its President, Josep Maria Bartomeu, for alleged fiscal fraud regarding Neymar Jr’s transfer and signing for the Catalan club. The judge considers there to be enough evidence to suggest that the Catalan club and Bartomeu could have committed fiscal felony in the tax declarations for the signing of the Brazilian star. Bartomeu will have to testify with his lawyers before the Madrid-based judge on 13 February. FC Barcelona issued a press statement in which it expresses its “surprise, indignation and disagreement”. Furthermore the Catalan club announced that it shall act determinedly to defend its interests and honour.

Barcelona High Court judge Santiago Vidal, along with a team of other law experts, has presented a proposal for a future Catalan Constitution in the event of independence with the aim to steer debate. The draft includes 97 articles according to which Catalonia would become a parliamentary republic with no army. However, this proposal can be changed as a webpage has been created through which citizens can table amendments online. Along with this draft, two other constitution projects have been presented: ‘constitucio.cat’ created by a team of Catalan law experts living abroad, and another constitution draft presented by ‘Lawyers for independence’ from the National Assembly of Catalonia (ANC). Spain’s Judicial Power Council (CGPJ) has called for the expulsion of Santiago Vidal from the Judiciary for his pro-independence initiatives.

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.