court

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.

The far right trade union Manos Limpias has filed a complaint against the citizen association that organised the two massive independence demonstrations on the 11^th September 2012 and 2013: the National Assembly of Catalonia (ANC). On Monday evening the Spanish nationalist organisation accused the ANC of fostering "insurrection" for having issued a road map proposing to declare independence on the 23^rd April 2015 if the Spanish Government did not allow a self-determination vote. Furthermore, in February the extreme-right group had filed a first complaint against the Catalan President, Artur Mas, for "sedition" and "rebellion". On Tuesday, after a preliminary analysis, Catalonia's Supreme Court (TSJC) dismissed the complaint, emphasising the political nature of Mas' statements and actions. Manos Limpias announced that it will appeal the decision, saying that the TSJC is "contaminated" by Catalan nationalism.

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 former Secretary General and 'number 2' of CDC, which is the Liberal Party and larger force within the two-party Centre-Right Catalan Nationalist Coalition (CiU), has been indicted for another alleged offence: bribery. Oriol Pujol had already been indicted a year ago for influence peddling regarding the network of Technical Vehicle Inspection garages (ITV). Back then, Pujol temporarily stepped down from his party responsibilities and as Chairman of the CiU group within the Catalan Parliament, but he continued as MP. The case is still under investigation by a judge from Catalonia's Supreme Court (TSJC), who has now added bribery to the list of alleged felonies. The judge stated that he believes Pujol might have earned €30,000 through his wife's company for a specific vote in Parliament. The CDC and the Spokesperson of the Catalan Government – run by the CiU – emphasised that they believe in Pujol's innocence and hope the judicial process will clarify the situation as soon as possible.

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.

The Spanish Ministry of Education has released the decree proposal stating that the Catalan Government has the obligation to provide alternatives to families who request their children to be taught in Spanish in public schools, where Catalan is the first language of instruction and Spanish is mostly taught as a subject. Furthermore, Catalonia and all other Autonomous Communities with two official languages will have “to fully assume” the costs of these children’s education in privately-owned schools using Spanish as the language of instruction if the families do not find the appropriate public alternative. The money will be deducted from the Autonomous Communities’ funding scheme if they do not cooperate. However, the decree does not work the other way round in regions such as Valencia, where families are having problems to school their children in Catalan (co-official there).

Catalan parties have filed several motions requesting the Spanish Prime Minister Mariano Rajoy to make a move regarding Catalonia’s self-determination and abandon his frontal opposition attitude. “React now before it’s too late”, the Spokesperson of the Centre-Right Catalan Nationalist Coalition (CiU), which runs the Catalan Government told Rajoy. The Left-Wing Catalan Independence Party (ERC) was asking the Spanish Government to negotiate the terms for holding a self-determination referendum in Catalonia. The Catalan Green Socialist and Post-Communist Coalition (ICV-EUiA) was asking Rajoy to transfer the powers to organise referendums to the Catalan Government, using Article 150.2 of the Constitution. Meanwhile, the Spanish and Catalan Socialists are proposing a revision of Spain’s territorial model. Rajoy rejected all the motions.

The Catalan Minister for the Presidency and Spokesperson for the Executive, Francesc Homs, warned that “if a political solution cannot be reached” to keep Catalonia within the EU if it becomes independent from Spain, it would be “the end of Europe as a model for democratic and peaceful integration of the different peoples that form it”. On Monday, in a debate on ‘Catalonia’s political process’ held at the University of Lisbon’s Faculty of Law, Homs highlighted the fact that if EU Treaties had been interpreted “literally”, the financial bailouts for Spain, Portugal, Ireland and Greece would not have been possible. However, in this case, the EU reacted “with common sense” and for “the general interest”. Therefore, “since the EU is a project of peace and democracy, a political solution [for Catalonia] will be found, as the EU has ever done in all situations”, he stated.

The Spanish Supreme Court has ruled against the Catalan school model again. The model, which is based on the linguistic immersion principle, has been in place since the mid-1980s and totally guarantees the pupils’ knowledge of both Spanish and Catalan at the end of their schooling period. On Monday the Court rejected an appeal lodged last year by the Catalan Government against a previous judgement that obliged a school to go against Catalonia’s Education Law and teach the entire class in Spanish following a single request from a little girl’s family, irrespective of the opinion of the other pupils’ families. This is another episode in a long series of judicial rulings, appeals and judgements against Catalonia’s school model and the Catalan language since 2010. Spanish nationalists, particularly Madrid-based media and the People’s Party (PP), have been attacking this model and the Catalan language for the last decade and a half, but recently they have managed to get the centralist judicial authorities to back them.