court

Judges say that Catalonia’s self-determination fits within the Spanish Constitution

February 14, 2014 03:33 PM | ACN

33 Catalan judges have signed a manifesto supporting Catalonia’s right to self-determination. The judges emphasise that such a right fits into the current constitutional framework and is in line with international law. Some of the signatories work in provincial High Courts and have been members of the body governing judicial power in Spain (CGPJ). It is the first time that Spanish State civil servants have made such a clear statement supporting the right of the Catalan people to decide freely on their collective future and their relation to Spain. Judicial power in Spain is totally centralised and has a deep centralist tradition. According to these law experts, “Catalonia is a nation”, “without discussion”, and therefore has “full sovereignty to decide on its own future”.

“The Catalan Government is older than the Spanish Constitution”, Mas replies to García-Margallo

February 13, 2014 10:01 PM | ACN

The Catalan Executive, chaired by Artur Mas, has published a 50-page memorandum in reply to the report issued by the Spanish Foreign Affairs Minister, José Manuel García-Margallo, in late December against Catalan independence. Margallo’s document claimed that independence was “immoral” and “not a democratic option”. The 200-page report was distributed to all Spain’s embassies as a list of arguments to be used to lobby against Catalan independence at international level. The memo was written in a condescending tone and included many judgemental opinions, half-truths, partial quotes and even lies. One of them was that Catalonia recovered its self-government institutions thanks to the Constitution, which is false. The Catalan Government has replied with its own memo and has asked the Spanish Foreign Affairs Ministry to distribute it to all the embassies as well.

Catalan school system against Hispanicisation and the Spanish Government’s Education Reform

February 11, 2014 04:04 PM | ACN

On Tuesday Catalonia’s education stakeholders – including unions, pedagogic organisations and parent associations – asked the Catalan Executive and Parliament to lead “the boycott” of the Spanish Government’s Education Reform, known as LOMQE. This reform aims to recentralise education powers, foster religion and impose Spanish as a language of instruction in Catalonia. Furthermore, on Monday evening thousands of people demonstrated in front of Catalonia’s High Court (TSJC) in support of the current school model in Catalonia, which is based on the linguistic immersion principle that guarantees the knowledge of both Spanish and Catalan. Political parties, trade unions, cultural associations and teaching organisations were protesting against the TSJC’s recent ruling that imposed a requirement that 25% of a school’s curriculum be taught in Spanish if a single pupil asks for it. The TSJC was interpreting a judgement by the Spanish Supreme Court, framed in a broader offensive against Catalan language.

Privately-owned school: “we choose to teach in Catalan because we are deeply rooted to this country”

February 7, 2014 08:26 PM | ACN

‘Escola Pia’, one of the largest Catalan networks of privately-owned schools, believes that the Catalan High Court (TSJC) ruling forcing one of its school in Barcelona to teach 25% of classes in Spanish, “goes against” its educational project. The school network highlights that this project was “formally accepted by the families who have enrolled their children here”. ‘Escola Pia’ have issued a manifesto rejecting the TSJC sentence which states that if the family of a single pupil asks for classes to be taught in Spanish, “at least” 25% of the mandatory school subjects will have to be taught in Spanish in the entire classroom, regardless of the opinion of the other pupils’ families. After having received such a demand from one family, ‘Escola Pia’ explained: “We choose to teach in the Catalan language because we are deeply rooted to this country and we are at its service”.

Courts request Catalan schools to teach “at least 25%" of the mandatory subjects in Spanish

January 31, 2014 08:44 PM | ACN

Catalonia’s High Court has interpreted the last sentence of the Spanish Supreme Court and forces the Catalan Government to offer “at least” 25% of the mandatory school curricula in Spanish in the schools where pupils ask for it. A dozen of parents had complained in the last few years, filing several appeals and stating they wanted their children to be taught in Spanish in Catalonia’s public schools. The Catalan school model is based on the linguistic immersion principle and almost all the subjects are taught in Catalan except Spanish which is taught as a language. However, the system includes many flexibility measures for new-comers and individualised attention in Spanish. The Spanish Supreme Court considered this was insufficient and sentenced that a class had to be taught in Spanish if the family of a single pupil asked for it and even if the other children’s families had not requested it.

‘Sciences Po’ Professor: “transition” solution needed so “Catalans are not excluded from the EU”

January 31, 2014 07:49 PM | ACN

A Professor at the prestigious Paris Institute of Political Studies (Science Po), Jean-Bernard Auby, has advocated for a temporary solution to keep Catalonia within the European Union if it reaches independence from Spain. This agreement should guarantee that Catalonia will not be excluded from the EU even if it does not immediately become a full-member. During a conference in Sciences Po Toulouse organised alongside the Public Diplomacy Council of Catalonia (Diplocat), Auby insisted that “Catalonia and the Catalans are part of the EU” and for this reason, if they become independent “one shouldn’t, in a mechanical way, impose on them to go through the procedures we impose on those who are complete outsiders”. The conference ‘The right to self-determination of Catalonia. Legality and democratic legitimacy’ is part of a series of debates on the right to self-determination, organised by the Diplocat and scheduled in prestigious universities throughout Europe.

Supreme Court insists Spanish must be teaching language if requested by one pupil

January 27, 2014 09:14 PM | ACN

In appeal, the Spanish Supreme Court has sided with the family who requested their son to be taught in Spanish in school, alongside Catalan. Despite the Constitution not advocating pupils had “the right to be taught in Spanish”, but only stating they had “the right and duty to know Spanish”, a dozen families have requested their children to be taught in this language, turning to the judicial system. Whilst the Constitutional Court has validated on two occasions the Catalan schooling system, based on Catalan as first language of instruction, the Supreme Court ruled against it. The Catalan Government was offering individualised attention to these children, but the judicial decision states that Spanish has to be used for “the entire class of the pupil”, even though the rest of the pupils have not requested to be taught in this language.

“Spain is a great nation [...], worth fighting for” Madrid warns Catalonia

January 23, 2014 08:10 PM | ACN

Two Spanish Ministers have sent two warning messages on the same day. On the one hand, the Spanish Foreign Affairs Minister, José Manuel García-Margallo, announced “a 25% or 30%” of “immediate” loss of wealth for an independent Catalonia “according to several studies”, which have not been mentioned by name. Margallo warned Catalans about the “harmful and lethal consequences” that independence would bring. He also stated that the self-determination process can also cause “an employment loss” since it is hurting Spain’s external image. On the other hand, the Spanish Justice Minister, Alberto Ruíz Gallardón, guaranteed that “Spain has the necessary tools to defend […] the national sovereignty, which is in the hands of its citizens as a whole”. Furthermore, Gallardón emphasised that “Spain is a great nation that is worth living in and loving, and which is worth fighting for”.

Spanish Government defends teaching a single history of Spain

January 17, 2014 03:32 PM | ACN

The Spanish Education Minister, José Ignacio Wert, emphasised the need to have a common and single history of Spain taught in all the Autonomous Communities. With the Education Reform he is currently proposing, the history curriculum will be imposed by Madrid and the Autonomous Communities will only be able to add a small portion referring to their own history. However, such additional contentswill be excluded from the final exams and therefore pupils will tend to ignorethem. With this initiative, Wert aims to impose a single interpretation of the historic facts affecting Spain’s history and nation-building. Lately, the Spanish Government, run by the People’s Party (PP), has repeatedly stated that Spain is “the oldest nation in Europe” and is now focusing on the education system to spread this idea.

Catalan Socialists propose a temporary patch to better fit Catalonia into Spain

December 27, 2013 05:07 PM | ACN / Rafa Garrido

The Catalan Socialist Party (PSC) proposes a “singular redefinition” of Catalonia’s “fitting” within Spain that should be accomplished urgently while waiting for a global reform of the Spanish Constitution. Maurici Lucena, the PSC Spokesperson at the Catalan Parliament, told the CNA that this temporary measure should avoid “the collision” between the two sides. The measure should “shield” Catalonia’s powers, language and culture from recentralisation and homogenisation attempts, and it would also include a fairer fiscal scheme. In the coming weeks, the PSC will try to convince the PSOE – to which is federated – about it. This proposal is quite similar to the Catalan Statute of Autonomy that was approved in 2006, but trimmed in 2010 by the Constitutional Court following an appeal from the People’s Party (PP) – which now runs the Spanish Government.

Experts suggest increasing cooperation between an independent Catalonia and Spain

December 20, 2013 09:21 PM | ACN

The Catalan Government’s Advisory Council for the National Transition (CATN), formed of renowned independent experts, emphasised that Catalonia’s independence from Spain would not represent breaking their affective and historical bounds. Furthermore, they insisted on the need to continue and even to increase cooperation “based on a new principle of equality and mutual respect between both parties”. They have suggested different ways to cooperate, through different structures. For instance, they proposed the creation of the ‘Iberian Council’ bringing together Catalonia and Spain, as well as Portugal and Andorra if they wished to, which would mirror the Nordic Council or the Benelux. Furthermore, the CATN issued three other reports, including a detailed analysis of Catalonia’s tax agency.

Financial Times demands “a negotiated solution” for Catalonia’s independence claims

December 16, 2013 04:53 PM | ACN

Following the announcement of a self-determination vote question and date, the Financial Times urges the Spanish establishment to negotiate. The prestigious and influential newspaper stated that the Catalan claims for independence are “a political problem that requires a negotiated solution”. In this Monday printed edition’s editorial, the FT demanded more “federalism within Spain’s crying need for institutional renewal”, convinced that in the two-part self-determination question proposed by Catalan parties “lie the ingredients for a solution”. “It is not just the Catalans but Spain’s leading parties, Mr Rajoy’s PP and the Socialists, that need to rise to the occasion” urged the Financial Times, while also acknowledging that Spain has failed to build “a plurinational home comfortable enough for its culturally distinct peoples”.

Método 3 political espionage case affecting the Catalan PP leader is closed

December 9, 2013 08:07 PM | ACN

Barcelona’s High Court has decided to close the case since the leader of the People’s Party (PP) in Catalonia, Alícia Sánchez-Camacho, reached an extra-judiciary deal with the espionage agency Método 3. The agency had recorded a private conversation with the former girlfriend of the eldest son of Jordi Pujol, the historical leader of the Centre-Right Catalan Nationalist Coalition (CiU). Parts of the alleged recorded conversation involving the Pujol family were leaked, as well as information about their own intimate lives and other PP leader’s private life. Speculations about who ordered the recording pointed towards the Catalan Socialist Party (PSC), CiU and even the PP or Sánchez-Camacho herself. Now one of the shadiest political scandals in Catalonia will end without any public conclusions. This contradicts Sánchez-Camacho’s initial statement, when the story was first made public. At the time, she had stated that she would go “until the end” to shed light on the issue.

Spanish Government aims to recentralise power by eliminating some Catalan institutions

December 4, 2013 02:22 PM | ACN

The Spanish Executive has presented a 720-page report in which it proposes 120 measures “to eliminate duplications” and “improve the coordination” between government levels in order to “rationalise” and “increase the efficiency” of the public sector. However, the initiative proposes a true recentralisation of Spain, since almost all the measures point towards transferring powers and services back to the Spanish Government. The Catalan Executive and the non-Spanish-nationalist parties have announced a common front to stop “the pruning” of Catalonia’s self-government. Madrid’s document proposes the direct elimination of several institutions that are defined in the Catalan Statute of Autonomy, approved by citizens through a binding referendum. Furthermore, it cancels pending power devolutions, which had been planned for years but whose effective transfer has been constantly delayed.

Franco crimes and Catalan President’s murder are investigated by Argentina

November 14, 2013 05:48 PM | Emma Garzi

The Argentinean Judiciary is investigating crimes perpetrated under Franco’s dictatorship in Spain, notably the execution of Catalan President Lluís Companys in 1940. Companys was the only incumbent president to have been executed during World War II. A few weeks ago, his political party (ERC) filed a complaint in Argentina in order for his speedy military trial to be declared null and void, as the Spanish institutions have refused to do so on numerous occasions. Spain’s Amnesty Law of 1977, which is still in force to this day, has always prevented Franco crimes from being investigated and from going to trial. In 2010, Spanish Judge Baltasar Garzón, who became internationally famous for investigating Argentinean and Chilean dictatorships, was disbarred from office after trying to open a case against Franco crimes. Therefore, the plaintiffs have appealed to universal Justice, seeking restitution in other jurisdictions.