judges

Barcelona High Court judge Santiago Vidal, along with a team of other law experts, has presented a proposal for a future Catalan Constitution in the event of independence with the aim to steer debate. The draft includes 97 articles according to which Catalonia would become a parliamentary republic with no army. However, this proposal can be changed as a webpage has been created through which citizens can table amendments online. Along with this draft, two other constitution projects have been presented: ‘constitucio.cat’ created by a team of Catalan law experts living abroad, and another constitution draft presented by ‘Lawyers for independence’ from the National Assembly of Catalonia (ANC). Spain’s Judicial Power Council (CGPJ) has called for the expulsion of Santiago Vidal from the Judiciary for his pro-independence initiatives.

Catalonia’s Supreme Court (TSJC) has accepted all the criminal complaints filed against the President of the Catalan Government, Artur Mas, Vice President, Joana Ortega, and Catalan Education Minister, Irene Rigau, for having authorised the non-binding and symbolic vote on independence that took place on 9 November. However, it rejected all the complaints filed against other politicians and civil servants, such as mayors and school directors. The TSJC will finally launch a judicial investigation for “alleged disobedience” after charges were pressed by several individuals and organisations, including the Spanish Public Prosecution Office, whose Director is appointed by the Spanish Government. In fact, the official prosecution of members of the Catalan Executive by the Spanish authorities has been extremely controversial. Pro-independence civil society organisations are organising a solidarity campaign, through which individual citizens will plead guilty for participating in November’s vote. Meanwhile, the Catalan Government insisted they acted in the correct manner.

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. 

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”.

In addition, the Catalan President, Artur Mas, responded to the Public Prosecutor Office's warnings by stating that he is the person responsible for opening the polling stations. Besides, three judges from Barcelona, Badalona and Tarragona decided to reject the petitions of taking away the participatory process' ballot boxes for "not being proportional". On November 9, in the middle of the participatory process, there were still some judicial actions on-going that were trying to stop Catalans from voting. The first group of actions were those carried out by the Public Prosecutor Office – whose head is directly appointed by the Spanish Government, which threatened to identify volunteers and which has already obtained a detailed list of voting centres. The second group were the complaints filed by Spanish nationalist parties and some private citizens. Populist UPyD and extreme-right parties PxC and Falange filed complaints on Saturday, asking for the ballot boxes to be removed.

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) will have to decide whether it suspends Santiago Vidal, judge of Barcelona’s High Court, for having worked in his free time on the drafting of a proposal for a future Catalan constitution in the event of independence, together with other law experts. The CGPJ judge in charge of investigating other judges, Antonio Jesús Fonseca-Herrero, recommended Vidal’s temporary suspension for “infidelity to the Constitution” of Spain. On Friday, the Catalan judge defended his freedom of expression and argued that this activity did not affect his work as he was doing it during his free time. The CGPJ decided to investigate Vidal, despite not having done the same with judges participating in activities of the People’s Party political think tank, for instance.

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.

The 33 judges who signed the manifesto in favour of Catalonia’s right to self-determination, stating that it “is a nation without discussion”, and therefore has “full sovereignty to decide on its own future”, have filed a complaint after photos of their personal profiles were published in a Madrid-based newspaper on Monday. The complaint was filed for revealing personal information, arguing that such pictures can only have been accessed from computers used by the Spanish Police or the Spanish Ministry of Home Affairs. Therefore, the judges have asked to open an investigation to find out who divulged such confidential information.

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”.

Spain’s Constitutional Court has responded to an appeal from the Catalan Parliament dating from 2004. The appeal was against the Judicial Power’s last reform, approved by the Spanish Parliament, in the time of José María Aznar. Now, the Constitutional Court states that the Catalan Government only has competence over the non-judicial staff working in the justice administration, but not over the judges and other judicial staff. This means that the knowledge of Catalan language will not be a condition to work as a judge in Catalonia. Therefore Catalan citizens may not be able to use their mother tongue in their justice procedures or they will have to use interpretation services.