international law

The German Chancellor, Angela Merkel, has assured that her position on the process of sovereignty in Catalonia is "very similar" to that of the Spanish Prime Minister, Mariano Rajoy, addressing the issue at a bilateral summit held on Monday and Tuesday. In a joint press conference, Merkel emphasised the necessity to "respect" EU treaties that "guarantee the sovereignty and territorial integrity of each state". "It is very important that international law is respected. Here there is no difference", she said in response to journalists' questions. For his part, Rajoy guaranteed that whilst he is Prime Minister, there will be "no split" between Catalonia and Spain.

International experts have participated in a day of debate over the hypothetical scenarios and the possible consequences regarding membership or expulsion from the European Union of an independent Catalonia. The panellists ruled out automatic expulsion, as well as automatic membership, in any scenario. Graham Avery, Senior Adviser of the Brussels-based think tank European Policy Centre (EPC), underlined that "the most important" element in deciding what would happen to an independent Catalonia would be "the process" through which it achieves this independence. If it was carried out with the agreement of the Spanish Government, the transition towards full EU membership would be quite fast and smooth. If it was done unilaterally, then a wide range of scenarios are possible, with risks and costs rising. However, a majority of experts have stated that even in the worst case scenario, the costs would not be as high as the Spanish Government is saying. In addition, they affirmed that the EU is likely to adopt a pragmatic approach and that a transition regime is likely to be set up, with basic policies and freedoms not being interrupted.

The document will be sent to the United Nations, the European Parliament, the European Commission, the Council of Europe and the Organization for Security and Co-operation in Europe (OSCE). The Spanish Government “violates the Catalan people’s right to decide its own political future and bans the exercise of democracy through a referendum or an internationally standardised consultation vote”, reads the complaint, signed by 1,386,628 citizens and 3,703 elected representatives such as mayors and MPs. They complain about the “Spanish Government’s anti-democratic attitude”, which ignored an electoral mandate from 2012 to hold a legal and binding self-determination vote in Catalonia, among other facts. The signatures were collected during the symbolic vote on independence held on 9 November by the civil society organisations Catalan National Assembly (ANC) and Òmnium Cultural, as well as by the Association of Municipalities for Independence (AMI). 

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) has finally stated that the 33 judges who signed a manifesto supporting Catalonia’s right to self-determination in March did not break any norm. According to the CGPJ’s statement released on Thursday, from “a strictly legal” point of view, the 33 Catalan judges – some of them very senior – were expressing “an opinion on an issue of legal, social or political interest” and such an action “is protected by fundamental freedoms such as the freedom of expression and opinion, guaranteed by Article 20 of the Constitution”. Therefore, the CGPJ has filed the case and will not take disciplinary actions against them, after an extreme-right and Spanish nationalist organization, Manos Limpias (which has nothing to do with its Italian homonym), had filed a criminal complaint against them. 

More than 200 elected members of the European, Spanish and Catalan Parliaments and municipal councils from Catalonia have presented and started to sign on Wednesday an international complaint against the Spanish Government that will be sent to the United Nations, the European Parliament, the European Commission, the Council of Europe and Organization for Security and Co-operation in Europe (OSCE). They are formally accusing the Spanish Government of "violating the right of the Catalan people to decide on its own political future" and "banning the exercise of democracy ". They list reasons of democratic legitimacy, stress the sustained self-determination demands and highlight the manifold Catalan attempts to negotiate and hold a legal vote. They also emphasise the Spanish Government's total blocking attitude and they announce that Catalan representatives "feel legitimate to launch all the necessary political and legal actions". Finally, they also ask those international organisations to act in order "to guarantee that Catalonia's citizenry can democratically decide on its future".

After the cancellation of the original consultation vote scheduled for the 9^th of November, parties are preparing for hypothetical early elections, transformed into a de facto referendum on independence. The parliamentary stability alliance between the governing centre-right pro-Catalan State coalition CiU and the opposition left-wing Catalan independence party ERC is seriously damaged. This affects the approval of the Catalan Government's budget for 2015 and a potential electoral alliance in such a plebiscite on independence. CiU, formed by the Liberal CDC and the Christian-Democrat UDC, and social-democrat ERC were the three main parties within the pact for the consultation vote scheduled. As preparations for the 9^th of November would have required breaking Spanish law, tensions between them were raised. After the pact was broken, there have been efforts to work together again on different fronts, while UDC is looking for new allies.

In its editorial on Wednesday, the prestigious ‘The New York Times’ has dissociated the current situation in Crimea and its secession from Ukraine from the independence processes in Catalonia, Scotland and Quebec. The editorial article, which demands European Union countries to impose economic sanctions on Vladimir Putin's Russia, states that the Catalans, Scots and Quebecers “have shown there are legitimate ways to raise” the secession issue. The American newspaper criticized Crimea for its “phony referendum” with a “foreordained” outcome, organised in an express way just as Russian soldiers were being deployed in the peninsula. The newspaper admits secession is a “difficult” matter but recalled that the invasion of Crimea is “illegal”, calling on the international community to react to Putin’s actions.

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 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.

The Catalan National Assembly (ANC), the grassroots organisation that organised the two massive demonstrations for Catalonia’s independence in 2012 and 2013, is working on another initiative to allow Catalan citizens to hold a self-determination vote. This past weekend it installed 700 stands throughout Catalonia with 3,000 attorneys-in-fact to collect signatures for an independence referendum and, if this is deemed impossible, the unilateral declaration of independence, in accordance with international law. The ‘Sign a Vote for Independence’ initiative started last June and will continue during the upcoming months, but on Saturday and Sunday, a special push was given to boost the process. The ANC said the massive signature collecting had been “a success”. Figures will be provided next week although the campaign is still ongoing.

In an interview with CNA, former United Kingdom’s Secretary of State for Scotland Michael Moore explained he saw no reason why the European Union would exclude any new state. However, David Cameron’s Minister highlighted that “it is for states and parts of states to resolve themselves politically and then the international community to respond to that decision”. The Liberal-Democrat politician added that it “is fundamental” to “recognise that this is a decision for the people in that country itself”. Moore asserted his belief in International Politics and in Democracy by referring to the upcoming Scottish Referendum for Independence.

The Court based in Strasbourg has answered the appeal of the lawyer representing the Mortgage Platform (PAH), which had occupied an entire apartment block in Salt, near the Catalan city of Girona. 16 families occupied the block in order to get a house, but 3 left fearing eviction. The European Court of Human Rights (ECHR) has temporarily delayed the eviction of the entire apartment block as a precautionary measure until it has fully studied the case, arguing that evicting the families would go against international law on housing rights. The ECHR has given the Spanish Government 8 days to prove it has adopted the measures to guarantee such rights. The decision comes the day the eviction was planned. Families and a thousand supporters received the news crying of joy and shouting the PAH’s motto: “Yes, it can be done; yes, it can be done”.

The association’s People’s Rights Commission defends the celebration of a referendum and the unilateral independence declaration if the Spanish Government insists in not allowing a citizen vote on the issue. While is it true that the current Spanish Constitution does not allow for a self-determination referendum, the Barcelona lawyers' association argues that “in a democratic society, the law should be the expression of the people’s choice”, and therefore it should be modified accordingly to allow the referendum. It also highlights that 20 of these states are the result of secession, such as Norway, Finland, Ireland, Iceland, Lithuania, Estonia, Latvia, Slovenia or Montenegro.