court

The Catalan Parliament replies by approving the creation of a parliamentary commission on Catalonia’s right to self-determination with 79.3% of yes votes. The commission will study ways to organise a vote on the hypothetical independence from Spain. It is the first time in Spain a court has suspended an entire declaration that has no legal value and has been approved by a parliament. The declaration has no direct legal effect, as it is only a political statement stating that the Catalan people are sovereign to decide on their own collective future. The Spanish Government firstly downplayed the text and later, following the advice of its legal services, decided to appeal against it. By admitting the Spanish Government’s appeal against the text, the Constitutional Court temporarily suspended the Declaration until a sentence is issued.

The Catalan Education Minister will appeal the decision to the Spanish Supreme Court and meanwhile will not follow the petition of the Catalan Supreme Court (TSJC). The Minister stressed that “the classroom language cannot change just because a child asks for it”. She emphasised that only 17 families have asked to have their children schooled in Spanish. These kids received individualised attention in Spanish but the TSJC thought it was not enough. In the last few years, the Catalan school model has been put in the spotlight by Spanish nationalism, despite having been in place for the last 30 years. The model has shown that pupils perfectly command both languages by the end of their studies. It has also been praised by international organisations, as it guarantees equal opportunities and social cohesion.

In early November, the Catalan Government decided to allocate the public tender privatising the service of the publicly-owned Aigües Ter-Llobregat – which supplies water to the 5 million people of Greater Barcelona – to a joint venture led by Acciona. This meant that the Catalan Executive cashed in €300 million in 2012 and €700 million was to be split over the next 50 years. The operation was aiming to reduce public deficit. However, Agbar appealed the tender because it thought that Acciona was not fully respecting the terms of reference. Now the Court have backed Agbar’s view and cancelled the tender. Acciona has already announced that it will appeal to the Spanish Supreme Court and, in the case that it loses the concession, it will sue the Catalan Government for damages, since the contract came in to effect on the 1st of January.

The Supreme Court of Catalonia (TSJC) has indicted Oriol Pujol, who is the ‘number three’ of the CiU – who run the Catalan Government – over a case of influence peddling regarding an irregular public tender for technical vehicle inspection garages. After his indictment was announced, Pujol “delegated” his party and parliamentary roles as Secretary General of CDC – the Liberal and largest force within the two-party coalition CiU – and as Chairman of the CiU group in the Catalan Parliament. However, Pujol explained that he would not resign as an MP, as it would be “out of proportion”. The Catalan politician insisted that he was innocent and he hoped justice would act quickly. The opposition has displayed a divided reaction: some parties have left it to the CiU to decide whether Pujol’s decision was enough while others heavily criticised him continuing as an MP.

During the Spanish Civil War, from 1936 to 1939, Franco’s rebels received military help from Italy among other countries. The Italian Legionary Air Force, based in Mallorca, was responsible for the aerial bombardment of the city of Barcelona from 16th March to 18th 1938, exactly 75 years ago. For three days, Italian aviation forces bombed civil targets and neighbourhoods and caused the death of approximately a thousand civilians. The bombing of the Catalan capital was one of the most lethal bombing missions of the Spanish Civil War. Barcelona High Court has ordered a full investigation on crimes against humanity.

Catalonia’s Supreme Court (TSJC) has announced the indictment of Daniel Fernández, a Member of the Catalan Parliament and Organisation Secretary in the Catalan Socialist Party (PSC). Fernández has resigned from his party and Parliamentary positions, but he will continue to be an MP while waiting to find out whether he will go on trial in the end. The High Court believed there to be signs that Fernández could have committed a felony of influence peddling by participating in the irregular hiring process of a manager in one of Greater Barcelona’s municipalities. The anti-corruption prosecutor and the judges investigating the so-called ‘Mercuri’ case, dealing with municipal corruption in Greater Barcelona mostly affecting members of the PSC, asked for Fernández’s indictment to the TSJC since he is an MP.

The President of the Catalan Government, Artur Mas, accused the Spanish Government of “not having the true will to talk” about Catalonia’s self-determination claims, backed by democratically-expressed ballots. After the weekly Cabinet Meeting, the Deputy Prime Minister, Soraya Sáenz de Santamaría, confirmed that the Spanish Government will take the Catalan Parliament’s declaration, which states that the Catalan people are sovereign to freely and democratically decide on their collective future and therefore organise a self-determination vote, to the Constitutional Court. The Spanish Government justified its decision by stating that the declaration – with no direct legal impact – might have legal consequences and wants the Court to “clarify that the Catalan people are not sovereign”.

The Spanish Supreme Court has rejected an appeal presented by one family against the Catalan Supreme Court’s decision adopted in March last year that validated the current public school model of linguistic immersion. The Spanish Supreme Court has stated that the Catalan Government does not have to change the entire Catalan school model, which has been in place since the early 1980s. However, it does have to consider individual petitions from families wanting to school their children in Spanish and make Spanish the language of instruction “in the proportion that the Catalan Government considers to be convenient” in “the school and class in which the offspring of the petitioner is being taught”.

After holding the second high-level meeting with top representatives from all the public powers involved in the fight against corruption and fraud in Catalonia, the Catalan President, Artur Mas, presented a document setting out a list of measures. The document takes into account suggestions and comments by all the attending public powers, but it is not a joint text issued by all the participants, Mas emphasised, as it is only signed by the President of the Catalan Government. An initial meeting was organised on the 6th of February to exchange views and gather ideas. The listed measures relate to transparency, public contracts, judicial capacities, political parties, control bodies and democratic regeneration.

Following a report by its own legal services, the Spanish Government is considering appealing against the ‘Declaration of sovereignty and the right to self-determination by the people of Catalonia’, approved by the Catalan Parliament two weeks ago. This declaration states that, following the historical rights and the free self-determination of the people, the people of Catalonia are sovereign and therefore able decide on their own future and organise a self-determination vote to decide on Catalonia’s hypothetical independence from Spain. The Catalan President stated that, before the self-determination right of the people, “there are no rules, laws, constitutions or possible interpretations”.

The President of the Catalan Government, Artur Mas, organised a summit with top representatives from all the public powers involved in the fight against corruption and fraud to exchange ideas and come up with a set of measures. Political parties were not invited and some of them have protested. After the meeting, Mas explained that the attendees agreed to transform the Transparency Agreement from 2001 regarding the funding of political parties into a law in order to enforce it. Furthermore, the Catalan Government will allocate more resources to the judicial powers investigating the main corruption cases. The attendees agreed to compile the initiatives discussed in a document and meet again in two weeks’ time.

The President of the Catalan Government and leader of the Centre-Right Catalan Nationalist Coalition (CiU) is organising a summit to define new initiatives against corruption. The meeting will be held next week and will gather together the main representatives of the Catalan Parliament, the Supreme Court of Justice of Catalonia, the Catalan Ombudsman, the Catalan Court of Audit and the Anti-Fraud Office of Catalonia. Political parties are not invited, as the summit is thought to be “complementary” to Parliament’s actions. The Catalan President will ask the attendees to provide him with ideas so that he can channel them and put them on the table for a wider debate. In the last few months, many corruption scandals have affected politicians in Catalonia and the rest of Spain.

The Constitutional Court has accepted the Spanish Government’s appeal against three measures adopted by the Catalan Executive to reduce its deficit, some of them negotiated last spring with the People’s Party (PP). The Spanish Government, which is run by the PP, now believes that these measures invade its own powers, “break market unity” and go against the principle of “equality for all Spaniards”. While accepting the appeal, the Court has temporarily suspended the application of the fees and taxes for a five-month period, which could be extended. The Catalan Government will appeal the decision as it believes the measures to be in line with the Constitution and within its jurisdiction. The drug prescription fee brought in €46 million in its first 6 months and it reduced public spending on medicines.

The Catalan Finance Minister, Andreu Mas-Colell, sees the appeal as “a sabotage of Catalonia’s public finances” with the objective of making the deficit targets harder to reach and then greater control mechanisms can be enforced from Madrid. If the Constitutional Court accepts the Spanish Government’s appeal, the drug prescription and judicial fees approved by the Catalan Executive will be stopped. Mas-Colell explained that this would represent a loss of €140 million per year. The Spanish Executive justifies the appeal because Catalan citizens would have to pay more than those in other parts of Spain. For Mas-Colell, this justification is “sarcastic” and “populist” as it is decided by the same government that “has not increased pensions”.