recentralisation

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.

Catalan parties have filed several motions requesting the Spanish Prime Minister Mariano Rajoy to make a move regarding Catalonia’s self-determination and abandon his frontal opposition attitude. “React now before it’s too late”, the Spokesperson of the Centre-Right Catalan Nationalist Coalition (CiU), which runs the Catalan Government told Rajoy. The Left-Wing Catalan Independence Party (ERC) was asking the Spanish Government to negotiate the terms for holding a self-determination referendum in Catalonia. The Catalan Green Socialist and Post-Communist Coalition (ICV-EUiA) was asking Rajoy to transfer the powers to organise referendums to the Catalan Government, using Article 150.2 of the Constitution. Meanwhile, the Spanish and Catalan Socialists are proposing a revision of Spain’s territorial model. Rajoy rejected all the motions.

The new Tax Administration of Catalonia (called ‘Tributs de Catalunya’) has been launched on Thursday in a ceremony chaired by Artur Mas, the President of the Catalan Government. Mas highlighted that “all of this is not against the Spanish State” but “an investment for a better Catalonia”. The new body was created from merging the existing Catalan Government’s Tax Agency and the ones of the four Provincial Councils (Barcelona, Girona, Lleida and Tarragona). Its creation was already foreseen in the Catalan Statute of Autonomy approved by the Spanish Parliament and the Catalan people through a binding referendum in 2006. It will start with 53 branches, which will mostly deal with municipal taxes. Gradually it will dispose of up to 200 offices dedicated to ensure Catalonia’s fiscal sufficiency. The project was launched in September 2012, aiming to build “a state structure” that would ultimately be able to collect all the taxes generated in Catalonia if needed.

The Spanish Supreme Court has ruled against the Catalan school model again. The model, which is based on the linguistic immersion principle, has been in place since the mid-1980s and totally guarantees the pupils’ knowledge of both Spanish and Catalan at the end of their schooling period. On Monday the Court rejected an appeal lodged last year by the Catalan Government against a previous judgement that obliged a school to go against Catalonia’s Education Law and teach the entire class in Spanish following a single request from a little girl’s family, irrespective of the opinion of the other pupils’ families. This is another episode in a long series of judicial rulings, appeals and judgements against Catalonia’s school model and the Catalan language since 2010. Spanish nationalists, particularly Madrid-based media and the People’s Party (PP), have been attacking this model and the Catalan language for the last decade and a half, but recently they have managed to get the centralist judicial authorities to back them.

Spain’s confederation of employer associations, CEOE, and its Catalan member, Foment del Treball – the largest business organisation in Catalonia, have rejected getting involved in the self-determination process. On Friday, the President of the Catalan Government, Artur Mas, asked employers to get involved in all of Catalonia’s three main objectives: fostering the economic recovery, maintaining social cohesion and enabling Catalonia’s self-determination. On Monday, Madrid-based CEOE and Barcelona-based Foment, representing the business establishment at Spanish and Catalan level, answered Mas: they rejected “getting involved” although on previous occasions they have lobbied against independence and against self-determination. They asked for “dialogue” between Spanish and Catalan authorities. Additionally, Foment asked for a “fiscal agreement” for Catalonia.

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.

On Tuesday Catalonia’s education stakeholders – including unions, pedagogic organisations and parent associations – asked the Catalan Executive and Parliament to lead “the boycott” of the Spanish Government’s Education Reform, known as LOMQE. This reform aims to recentralise education powers, foster religion and impose Spanish as a language of instruction in Catalonia. Furthermore, on Monday evening thousands of people demonstrated in front of Catalonia’s High Court (TSJC) in support of the current school model in Catalonia, which is based on the linguistic immersion principle that guarantees the knowledge of both Spanish and Catalan. Political parties, trade unions, cultural associations and teaching organisations were protesting against the TSJC’s recent ruling that imposed a requirement that 25% of a school’s curriculum be taught in Spanish if a single pupil asks for it. The TSJC was interpreting a judgement by the Spanish Supreme Court, framed in a broader offensive against Catalan language.

‘Escola Pia’, one of the largest Catalan networks of privately-owned schools, believes that the Catalan High Court (TSJC) ruling forcing one of its school in Barcelona to teach 25% of classes in Spanish, “goes against” its educational project. The school network highlights that this project was “formally accepted by the families who have enrolled their children here”. ‘Escola Pia’ have issued a manifesto rejecting the TSJC sentence which states that if the family of a single pupil asks for classes to be taught in Spanish, “at least” 25% of the mandatory school subjects will have to be taught in Spanish in the entire classroom, regardless of the opinion of the other pupils’ families. After having received such a demand from one family, ‘Escola Pia’ explained: “We choose to teach in the Catalan language because we are deeply rooted to this country and we are at its service”.

In order “to guarantee the general interest”, the Catalan Executive rejects changing “a single comma” of the linguistic immersion model in place in Catalonia’s school system despite the latest judicial sentences forcing to introduce Spanish as a language of instruction, as confirmed by the Government’s Spokesperson Francesc Homs. The Catalan Executive “will continue to implement Catalonia’s Education Law (LEC)” and will file an appeal against last week’s sentence issued by the Catalan High Court (TSJC), interpreting a previous decision from the Spanish Supreme Court. Furthermore, the Catalan Council for Constitutional Guarantees – an independent advisory body on jurisdiction matters – stated that the Spanish Government’s Education Reform is “unconstitutional” and goes against Catalonia’s self-government and its own laws such as the LEC.

Three parties, which between them represent 63% of the Catalan Parliament, registered a second bill, identical to the motion approved two weeks ago, in order to ensure that the Spanish Parliament will discuss it before the summer. January’s motion and this latest bill both ask the Spanish Parliament to transfer the powers to organise referendums to the Catalan Government. The parties are using their MPs in Spain’s Lower Chamber to file their own bill and put it earlier in the plenary’s planning. As Spanish Parliament groups they are entitled to register a certain number of bills to be debated within the next two or three months. Otherwise, there was a risk that the Catalan Parliament’s motion would have to wait 9 months to be debated.

The Catalan Government and the other four Autonomous Community executives that are not run by the People’s Party (PP) are totally opposed to the Spanish Executive’s Education Reform, which recentralises powers, homogenises curricula, fosters the presence of religion and sidelines Catalan language and history. The Reform has raised a huge controversy in Catalonia, since it ends the Catalan school model that has been in place for the last 35 years and is backed by a large consensus. On Wednesday the Education Ministers of Catalonia, the Basque Country, Andalusia, Asturias and the Canaries criticised the Spanish Government’s “lack of dialogue”. They pointed out “the improvisation, precipitation and imposition” of the Spanish Education Minister, José Ignacio Wert. They also argued that it is “impossible” to “implement” the Reform in the next school-year.

The Catalan business community is deeply annoyed with the Spanish Government for not publishing transparent data on Catalonia’s fiscal contribution to the rest of Spain and therefore not recognising the fiscal deficit. The Spanish Finance Minister, Cristóbal Montoro, was supposed to issue the so-called fiscal balances last December but their publication was inexplicably delayed. Last Friday, in late January, Montoro announced the fiscal balances would no longer be calculated and published in the present form; instead, he would publish in March the “regionalised public figures” stating the costs of public services per citizen because the fiscal balances were “incomplete and incoherent”. However, on Tuesday, the Minister recognised that they were “correct” but “wrongly used” to support Catalan independence claims.

In appeal, the Spanish Supreme Court has sided with the family who requested their son to be taught in Spanish in school, alongside Catalan. Despite the Constitution not advocating pupils had “the right to be taught in Spanish”, but only stating they had “the right and duty to know Spanish”, a dozen families have requested their children to be taught in this language, turning to the judicial system. Whilst the Constitutional Court has validated on two occasions the Catalan schooling system, based on Catalan as first language of instruction, the Supreme Court ruled against it. The Catalan Government was offering individualised attention to these children, but the judicial decision states that Spanish has to be used for “the entire class of the pupil”, even though the rest of the pupils have not requested to be taught in this language.

Andreu Mas-Colell, Catalan Finance Minister, accused the Spanish Government of aiming “to undo” the system of Autonomous Communities. He also expressed his fear that the so-called ‘coffee for all’ system [the generalised devolution of the early 1980s that shaped the 17 Autonomous Communities] will become a ‘decaffeinated coffee’ system, implemented ‘in depth’. With this play on words, Mas-Colell was referring to a deep recentralisation and homogenisation process. Furthermore, the former professor of Economics at Harvard and Berkley, denounced “the budget treatment” that the Spanish Government gives to Catalonia as “totally unfair”. In this vein, he proposed that an international and independent body should calculate the fiscal balances between Catalonia and the Spanish State.