law

The appeal presented in April by Spain’s executive calling for the suspension of some articles of the Catalan law against energy poverty has been accepted by the Spanish Constitutional Court (TC). In particular, the magistrates have cautionarily suspended 8 articles mainly oriented toward avoiding evictions. According to the TC, the suspension is automatic and therefore the magistrates “couldn’t do anything” but accept the Spanish government’s appeal. The Catalan Government’s Spokeswoman, Neus Munté, stated that this suspension was “to be expected”. The TC’s decision comes two days after thousands of people rallied in Barcelona to protest over the Spanish court’s measures against numerous laws passed by the Catalan Parliament. 

The Catalan President Carles Puigdemont announced that the Government will prepare new legislation to protect the core policies of the social emergency law suspended by the Spanish Constitutional Court (TC). The new law will include “practical tools with legal security” that will “reformulate” the suspended articles of the legislation but “keep its spirit”. Drafting a new law was the main compromise of the social emergency summit organised on Tuesday by the Catalan Government, the local authorities and the main political parties in Catalonia following the Spanish Government’s legal challenge against the social emergency law. Puigdemont described the negotiations as “long, intense and very useful” and said that the new law is needed “to restore everything the Constitutional Court has suspended”. The meeting, he said, “wasn’t about political discrepancies but about showing that this issue concerns us all”.

Less than 24 hours after meeting with her Catalan counterpart, current Spanish Vice President Soraya Sáenz de Santamaría announced that some articles of the Catalan law against energy poverty will be taken before the Constitutional Court (TC). Thus, Catalan Vice President Oriol Junqueras’ demands for the Spanish executive to “reconsider” this procedure haven’t been listened to. However, Santamaría nuanced that those precepts which are in relation to guaranteeing the energy supply to those who may be at social risk are not affected by the suspension. On the other hand, some measures oriented toward avoiding evictions have been suspended. Catalan President, Carles Puigdemont, responded by saying that this measure leaves “in the open” the most vulnerable families.  

The law will first charge those vehicles emitting more than 160 grams of CO2 per kilometre and in 2020 the bar will be set at a lower level. “This is a law of a country which is committed to the global challenge that humanity is facing” stated the new Catalan Minister for Planning and Sustainability, Josep Rull. The aim is to reduce the level of emissions registered in 2005 by 25% before 2020 and “by 80% or even more” by 2050. Also this Tuesday, the 29 committees in the Catalan chamber for this term of office have been assigned presidents. 15 of them will be led by members of pro-independence cross-party list ‘Junts Pel Sí’, including the Committee for the Constitutive Process. Muriel Casals, former president of the cultural association promoting the Catalan language and culture, Òmnium Cultural, will be head of this committee set up to design the roadmap towards independence.

Spaniards living abroad will have more time to vote in the 20-D Spanish Elections. Spain’s Electoral Roll Office has twice agreed to extend the deadline for the postal vote: first it was extended from the 12^th of December to the 16^th, and this Wednesday the Spanish bodyhas announced its extension to the 18^th. The aim is to improve a system which was described as “an authentic odyssey” by the Catalan Minister for Public Administration Meritxell Borràs when more than 200,000 Catalans whom were registered to vote in the 27-S Catalan elections couldn’t ultimately do so. This decision to facilitate the vote for the 20-D Spanish Elections contrasts with the Spanish body’s failure to do so for those Catalans living abroad who repeatedly requested an extension of the deadline for voting in the 27-S Catalan elections. 

The magistrates of the Spanish Constitutional Court (TC) have unanimously declared the Parliament's declaration of independence unconstitutional and, therefore, invalid. The TC has considered that the agreed pro-independence proposal approved by the Parliament on the 9^th of November violates core articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law" and also "attacks the Rule of Law". The TC has made its decision only 22 days after the appeal presented by the Spanish executive was accepted, which makes this resolution the fastest in the TC's history. On the other hand, the appeals against Spanish Government's abortion reform, led by People's Party (PP), are waiting for a resolution since 2010.  

The Spanish Constitutional Court (TC) announced this Wednesday the acceptance of the appeal made by the Spanish government to stop the reform of Catalonia’s Tax Agency. The TC declared “invalid and unconstitutional” article 4 of Law 9/2015, which stipulated that all those civil servants who want to be eligible for a position in the body would need to have permanent positions in Catalonia. According to the law reform, those “officials who are assigned duties substantially matching those of the body and who already hold permanent positions within Catalonia’s borders”would be eligible to voluntarily join the Catalan Tax Agency through specific selection processes. The Spanish government’s appeal claimed that the proposal was against “the right of all Spanish citizens to access the entity under the same conditions”.

The Spanish Senate approved this Thursday the reform of the Spanish Constitutional Court (TC) Law to be able to fine and suspend from office those public servants, politicians and authorities who don’t comply with its rulings. The reform proposal was announced a month ago by the People's Party (PP) leader in Catalonia, Xavier García Albiol, and was approved as a matter of urgency. Albiol stated that this amendment to the Constitutional Law will work as a barrier to dissuade “anybody from declaring Catalonia’s independence”. According to the Spanish executive, the new law will "guarantee" that the TC stops "those who want to break Spain" from doing so. The entire opposition has described the reform as "an electoral act" and accused the PP of "manipulating the Spanish justice system with political motivations". The reform was approved with 143 votes in favour, 80 against and 1 abstention and will become effective in the following days, once it is published in Spain's Official Journal (BOE). 

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 Spanish Government approved on Friday to take to the Constitutional Court Catalonia's Law of External Action and Relations with the EU and the opening of delegations in Vienna and Rome. The Spanish Executive will appeal against the law despite it being foreseen by the Catalan Statute of Autonomy – approved by the Spanish Parliament and the Catalan people through a binding referendum in 2006. This is Catalonia's main law after the Spanish Constitution and recognises the Catalan Government's right to carry out its own external action abroad. However, in the current debate about Catalonia's independence, the Spanish Government is reiterating its 'no-to-everything' attitude and recentralisation strategy and has appealed against the law approved by the Catalan Parliament on 26 November last.

The Catalan Government’s Deputy Minister for External Affairs, Roger Albinyana, announced the Executive’s aim to have a network of “about 50 delegations” throughout the world, representing Catalonia’s political, business and cultural interests abroad. The Catalan Government currently has 7 delegations abroad, after the new representations in Rome and Vienna start to work on Monday, when the representatives were appointed. The 5 others are located in Brussels, London, Paris, Berlin and Washington. In the coming “months and years”, the Catalan Government will continue to open new delegations. Regardless of the hypothetical independence from Spain, the Catalan Executive already has the powers to have its own External Action policy, recognised by the Catalan Statute of Autonomy from 2006, although with many limitations.

The Catalan Parliament delivered a petition to the Constitutional Court in order to defend the Catalan law on opening hours for shops, which is more restrictive than the Spanish one. Catalonia is trying to preserve its small urban shops model, where most of the shops are run by families. The Spanish Government passed a reform in 2012 forcing Catalonia to allow longer opening hours. In 2013, the Catalan Executive promoted a new bill to invalidate the Spanish one. The new law was approved with 80% support in the Catalan Parliament in January 2014, but the Spanish Government appealed against it a few months later, and the Constitutional Court suspended the Catalan text in late 2014. 

The Catalan Parliament approved on Wednesday the Law on the Val d’Aran’s special status within Catalonia, recognising its “Occitan national reality” and its right to self-determination. This small Pyrenean valley, surrounded by high peaks and located in Catalonia’s north-western corner, is the last land where the Occitan language is widely spoken, although it is called Aranese there. The Val d’Aran County has had a certain degree of self-rule within Catalonia since 1990, further recognised with the Catalan Statute of Autonomy from 2006. In addition, since September 2010, Aranese is Catalonia’s third official language, being the preferred language in this county. The law approved this Wednesday develops and consolidates the Val d’Aran’s special regime, with its own powers of self-rule and structures. In order to enter into force, it will have to be approved through referendum by the less than 11,000 inhabitants of the valley.

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).