court

The Constitutional Court has accepted to debate the Spanish Government's last appeal against the Catalan Executive's tax on bank deposits, which has to be paid by financial entities. Such a decision represents the automatic cancellation of the tax for an initial period of 5 months. Catalonia approved such a measure in December 2012 and two weeks later, the Spanish Government approved its own tax with a 0% rate, so it was 'de facto' cancelling the regional taxes. However, instead of compensating Catalonia for having cancelled the tax – as it is legally obliged to do – the Spanish Government refused to do so, since it argued that the tax had not entered into force yet and took the issue to the Constitutional Court. The Court initially accepted the Spanish Executive's appeal and the tax was temporarily suspended, but in May 2013 it was lifted. In July 2014, the Spanish Government modified the tax with a 0.03% rate and in December it presented a new appeal against the Catalan tax, which brought in some €680 million in 2014.

Catalonia’s Supreme Court (TSJC) has stated that there are “signs” that the President of the Catalan Government, Artur Mas; the Vice President, Joana Ortega; and the Education Minister, Irene Rigau, “did not obey” the Constitutional Court’s ban on the symbolic independence vote, which took place on 9 November. On Thursday, 3 weeks after it accepted all the criminal complaints filed against Mas, Ortega and Rigau for having authorised and co-organised the non-binding vote, the TSJC issued the notifications justifying its decision. The Court considers there to be evidence suggesting they may have committed disobedience, perversion of the legal process and embezzlement offenses. Therefore, the high judicial body is launching a corresponding investigation, which will focus on the vote’s preparation between the Constitutional Court’s ban and the day of the vote itself.

The world famous opera singer Montserrat Caballé reached on Tuesday a prejudicial agreement to avoid trial for tax fraud committed in 2010. The Catalan soprano, aged 81, admitted that her fiscal residence was not set in the fiscal haven of Andorra that year and therefore had evaded paying taxes to the Spanish authorities. Caballé, who is considered one of the greatest sopranos ever by both critics and fans alike, accepted the Public Prosecution’s petition of a 6-month jail sentence and a €240,000 fine, which corresponds to almost half of the evaded money. Since the jail sentence is shorter than 2 years and Caballé has no criminal record, she will not have to be imprisoned. The fine is to be added to the €508,000 she already deposited in the spring to compensate the Spanish Tax Agency. On top of this, she will still have to pay €75,000, corresponding to the interest on the money evaded.

Hundreds of citizens have pled guilty in solidarity with the President of the Catalan Government, Artur Mas, Vice President, Joana Ortega, and Catalan Minister for Education, Irene Rigau, who are being prosecuted by the Spanish authorities for having authorised and co-organised the symbolic vote on independence that took place on 9 November. On Tuesday morning, citizens queued to plead guilty in front of Catalonia’s Supreme Court. This comes a day after the Court launched a judicial investigation on the criminal complaints against three members of the Catalan Government filed by a few individuals, extreme-right organisations and the Spanish Public Prosecution Office, whose Director is directly appointed by the Spanish Government. The solidarity campaign is organised by the civil society association that organised the largest pro-independence rallies of the last 2 years, the Catalan National Assembly (ANC). Many leading politicians are also pleading guilty and all the parties in Catalonia, except the Spanish nationalist ones, have come out in protest against the penal prosecution of the Catalan Government on account of a political issue.

The Catalan Parliament approved on Thursday the Law on Transparency, Information Access and Good Governance with 81% in support and 2% in opposition. This bill comes a few months after the Catalan Government was graded 100 points out of 100 by Transparency International Spain for the information it makes available to citizens through its website about public contracts, tenders, subsidies and elected officials. However, these measures also come after years of corruption scandals, which have not only occurred across Spain, but also in Catalonia. The main parties have backed the new law, while two other parties abstained and one voted against the bill because they said they did not trust the governing centre-right pro-Catalan State coalition CiU. With the new law, access to information will become a citizen’s right, which can only be limited when it affects people’s intimacy or a few other exceptions, including public security. 

Spain’s Director of the Public Prosecution Office, Eduardo Torres-Dulce, has announced his resignation “for personal reasons”. However, it is well-known that Torres-Dulce has had several arguments with the Spanish Government, run by the People’s Party (PP) and chaired by Mariano Rajoy. The latest argument was about prosecuting the Catalan President and other members of the Catalan Government for the symbolic vote on independence held on 9 November. Several PP members announced the penal actions before Torres-Dulce had given the instruction to press charges. At that time, Torres-Dulce denied having been pressured by the Spanish Government, but many voices criticised the absence of a separation of powers. On top of this, the main public prosecutors in Catalonia initially rejected the criminal complaint, but Torres-Dulce – appointed by the Spanish Government – obliged them to file it. Furthermore, he has also had many arguments with the PP on account of the numerous corruption scandals being investigated.

The Spanish Prime Minister, Mariano Rajoy, confirmed before the Senate that he had “not given any instruction to the Public Prosecution Office” to press charges against the President of the Catalan Government, Artur Mas, for having authorised and organised November 9’s symbolic vote on independence. Rajoy was answering a question from Mas’ party, the centre-right pro-Catalan State Coalition CiU, which had accused the Spanish PM of hiding behind the courts in order to avoid giving Catalan citizens a political answer regarding their self-determination demands. Besides, the CiU Senators showed banners in which they pleaded guilty for November 9’s vote as well. In the morning, the Catalan Government announced it will ask to testify before the court and to do it “en bloc”, if the criminal complaint from the Spanish Public Prosecution Office is accepted.

On Friday, Spain’s Public Prosecution Office filed the criminal complaint against the President of the Catalan Government, Artur Mas; the Vice President, Joana Ortega; and the Education Minister, Irene Rigau. They are being prosecuted for the symbolic vote on independence that took place on November 9. Such a complaint has come with great controversy, as the Spanish Government and the People’s Party (PP) have been accused of putting pressure on the Director of the Public Prosecution Office, Eduardo Torres-Dulce, to press charges against the Catalan President. Despite the main prosecutors in Catalonia having stated there was not enough legal basis for such a complaint, Torres-Dulce announced he would press charges anyway. In response, the 6 parties that agreed to organise the original consultation vote on independence, which represent almost two thirds of the Catalan Parliament, sent a letter to Torres-Dulce and plead guilty for the organisation of November 9’s symbolic vote. 

Despite Catalonia-based prosecutors having concluded that there is no legal basis for such a complaint, the Director of the Public Prosecution Office, Eduardo Torres-Dulce – directly appointed by the Spanish Government – will finally file it, after 10 days of controversy. All the opposition parties have accused the Spanish Government of pressuring Torres-Dulce and taking a political problem to court. In addition, the Catalan Government accuses Rajoy’s People’s Party (PP) of not respecting the separation of powers. On Monday, the Catalan prosecutors announced they were not backing the complaint, but the Madrid-based Director stated he would carry on anyway. On Wednesday, Torres-Dulce held a long meeting with Spain’s main prosecutors, who backed him but not unanimously. The complaint will be against the Catalan President, Artur Mas, but also against the Vice President, Joana Ortega, and the Education Minister, Irene Rigau.

The public prosecutors based in Catalonia refused to back their Madrid-based boss regarding the complaint against the President of the Catalan Government, Artur Mas, and other members of his cabinet for authorising November 9’s symbolic vote on independence. According to them, there are not enough legal reasons for filing such a complaint, despite the pressures from Spanish nationalists to do so. The Director of Spain’s Public Prosecution Office, Eduardo Torres-Dulce – who is directly appointed by the Spanish Government – had unsuccessfully been trying to obtain the explicit support from his Catalan team. However, Torres-Dulce is likely to follow through with it anyway, after several members of the Spanish Government, the People’s Party (PP) and other Spanish nationalist parties urged him to do so. In any case, the Catalan prosecutors’ rebellion will not provoke a schism in this hierarchical institution, since on Tuesday afternoon they confirmed they will obey Torres-Dulce if he insists. The Catalan Government and political parties based in Barcelona warned that Madrid’s pressures seriously damage the separation of powers. Meanwhile, the PP accused Catalan prosecutors of being “contaminated by the atmosphere” of “radical secessionism”.

Josep Lluís Núñez Clemente – aged 83 – and his son – who had been Director of the family company – have been accused of bribing tax inspectors in the 1990s regarding their private business and have entered jail this weekend for a 2 year sentence. Núñez senior chaired FC Barcelona between 1978 and 2000 but his sentence has nothing to do with the famous sports club's activities. After one of the longest judicial processes in Spain's history, Núñez senior and his son were initially convicted in July 2011 with 6 years in prison and a €2 million fine. They were accused of bribing tax inspectors with €1 million in order to avoid paying more than €13 million in taxes between 1991 and 1999, and of forging official documents. However, they appealed the decision and the Spanish Supreme Court reduced their prison time. They filed a last appeal to avoid going to prison but in October 2014 Barcelona's High Court ratified their imprisonment. Considering Núñez senior's age, he could be granted day parole in a few weeks.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

On Sunday, Catalans are being called to give their opinion about independence in a participatory process, organised by the Catalan Government in cooperation with more than 40,000 volunteers and many town halls, which replaces the original consultation vote also scheduled for the 9^th of November. The Spanish Government appealed against the first vote, the Constitutional Court suspended it, the Catalan Government launched an alternative process and the Spanish Government filed a new appeal, accepted by the Constitutional Court. However, this time the non-binding participatory has been maintained with a wide consensus among Catalan institutions a wide representation from the civil society. These are the three last steps of an intense self-determination process, which started with the approval and trimming of the Catalan Statute of Autonomy and was shaped by four massive demonstrations and a series of "no" and threats by the Spanish authorities. Here is a summary of the main milestones of this process before the massive pro-independence demonstration of 2012.

The Constitutional Court rejects calling an urgent meeting to debate the appeal that the Catalan Government filed on Friday against the suspension of Sunday's participatory process, in which it asked the Court for further clarifications about the suspension's exact scope. A month ago, the Court organised an urgent and non-scheduled meeting that took place only 5 hours after the Spanish Government filed its appeal against November 9's consultation vote. However, on this occasion, when the vote is supposed to take place in less than 48 hours and not in 5 weeks time, the Court will not organise an urgent and non-scheduled meeting. In fact, the Court will follow its previously agreed calendar and will meet in 2 weeks time.

The Spanish Government's Delegate in Catalonia, María de los Llanos de Luna, sent letters on Thursday to the directors of high-schools throughout Catalonia reminding them that the Constitutional Court had temporarily suspended November 9's participatory process. Furthermore she added that "neither agreements nor actions going against the Court's decision" should be carried out. De Luna explained that "allowing the use of education centres to carry out actions related to the suspended consultation vote" might go against the Court's decision. In addition, she sent similar letters to all the mayors, chairmen of supra-municipal bodies, main municipal officers and Catalan Ministers related to the participation process' organisation. Furthermore, on Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, asked the Catalan President, Artur Mas, "not to force" civil servants, mayors and citizens to "disobey the law".