law

The Catalan Government has issued the Bureaucratic Simplification Law, which should speed up the creation of new private businesses. The new bill should make things easier for 75% of new business initiatives, according to the Catalan Minister for Business and Employment, Felip Puig. He explained that entrepreneurs carrying out innocuous or low-risk activities will be able to create a new company and start working within 48 hours, after having signed a responsibility statement, registered the new company and made sure that their premises respect all the regulations. Therefore, it will be the entrepreneurs' responsibility to make sure that the new business respects the legal framework, setting up "a framework of trust" between the entrepreneurs and the Government, said Puig. Once the business activity launches, public bodies may run inspections to make sure everything is in order.

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. 

On Wednesday the Catalan Parliament passed two important bills. With 74% support, it has approved the Law of External Action and Relations with the EU. Only two parties voted against it, the Spanish nationalist People’s Party (PP) – which runs the Spanish Government – and Ciutadans (C’s). A third party, the alternative left and radical independence party CUP, abstained because it considered that the law was not “ambitious enough”. All the rest supported the bill, which mainly puts in order the existing bodies and mechanisms, although it also creates some new ones, in line with the Catalan Government’s powers in this area, recognized by the Catalan Statute of Autonomy. The other bill is the tax on Internet suppliers, which aims to fund the Catalan audiovisual sector, affected by Internet piracy. No party voted against it. The new tax aims to collect some €20.5 million per year and it is welcomed by the cinema industry, and rejected by the main Internet suppliers.

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".

On Monday the Catalan Government filed a complaint to the Constitutional Court by which it requested the rejection of the Spanish Executive's appeal against the alternative and non-binding consultation vote on independence scheduled for the 9^th of November. The Catalan Executive accuses the Spanish Government of "abuse of power and abuse of the legal process" since it is filing an appeal instead of filing a mere execution incident in order to force the Court's automatic  suspension of the alternative vote and stop citizens from expressing their opinion. According to the Catalan Minister for the Presidency, Francesc Homs, the Spanish Government cannot argue that Catalan authorities are disobeying the temporary suspension of the original consultation vote and at the same time file a new appeal on this same matter. When the Constitutional Court accepts an appeal from the Spanish Government, the object being appealed against is automatically suspended until a final decision is reached.

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.

With the aim to stop Catalonia's self-determination vote, the People's Party (PP) has confirmed that the Spanish Government is already preparing two appeals to the Constitutional Court against two legal measures that have not yet been approved. The Government chaired by Mariano Rajoy is preparing a first appeal against the Catalan Law on Consultation Votes, which should be approved in mid-September. This law will be the legal base for the self-determination vote, scheduled for the 9^th of November. Rajoy's second appeal is against the Catalan President's formal call to hold the independence consultation vote; a call that would be issued after the approval of the Consultation Vote Law. With these two appeals against two legal means that still do not exist, and whose exact wording is therefore still unknown, the Spanish Government is looking for the Constitutional Court to temporarily cancel the law and the call, and therefore stop November's vote from happening.

After the controversy of the last few weeks about whether the independence consultation initially scheduled on the 9^th of November might be postponed if the Spanish authorities were to ban it, the 4 Catalan Parliament groups supporting this vote appeared together on Wednesday and reinstated their commitment to such a consultation. They reaffirmed their unity of action and their will to vote even if the Constitutional Court bans the call, based on the Law on Consultation Votes to be approved by the Catalan Parliament in September. Leading figures from the governing centre-right pro-Catalan State coalition CiU, the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the radical left and independence party CUP emphasised that the "people had democratically elected to decide on their collective future through the polling station".

The President of the Catalan Government, Artur Mas, and the Spanish Prime Minister, Mariano Rajoy, finally met this Wednesday in Madrid to talk about the self-determination process and also about economic, social and institutional issues. Mas told Rajoy that a majority of the Catalan Parliament plans to hold a self-determination vote on the 9^th of November and they want to do it "reaching an agreement with the Spanish Government and within the legal framework". However, if Rajoy rejects negotiating such an agreement, Mas will use the Catalan legal framework to organise a legal vote. Rajoy emphasised that the consultation vote "is not legal and will not be legal" and therefore "will not take place". However, the Spanish PM did not present any alternatives to modify the current status quo. Besides, Mas presented Rajoy with a document with 23 issues not related to self-determination, such as Catalonia's under-budgeted public services, pending infrastructure works, and the Education Reform.

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.

The Catalan Government announced it will take to the Constitutional Court four bills drafted by the Spanish Executive because they neglect Catalonia’s self-government capacities and exclusive powers. The 4 affected bills are the Education Reform, the Market Unity Law, the Local Governments Law and the Environment Evaluation Law. The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, said that those reforms go against the Constitution and aim to reform it “through the back door”. “It is a reform without the needed transparency, without holding an open debate”, he said. “They are stripping away our political capacity to decide”, Homs emphasised. The Spanish Government justified the recentralisation of powers as a way to improve efficiency in times of economic crisis and austerity. However, several experts have already warned that it is not proven that efficiency will improve if powers are centralised.

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.

Spanish Prime Minister Mariano Rajoy’s refusal to negotiate and allow the Catalans a consultation vote on independence “undermines the legitimacy of the Spanish political system” and is a violation of Catalonia’s democratic “right to express its own voice”. Such is the conclusion of Huw Evans, Law Professor at the Cardiff Metropolitan University. In a report entitled Law and Legitimacy: The denial of the Catalan voice, published by the Brussels think tank Centre Maurits Coppieters, Evans argues that Rajoy could authorise a referendum without breaching the Constitution. He states that Madrid’s current attitude “restricts (and, also […] denies) the right of the Catalan people to democratically pursue” independence.