spanish constitution

The Spanish Prime Minister, Mariano Rajoy, has stated that Catalonia's upcoming elections are Spain's "main risk" to the State itself and to the country’s economic recovery. Rajoy read a speech before the press before departing for his summer break, and Catalonia's independence was one of the main issues he talked about. The Spanish PM stressed that the government he heads "will never allow secession to happen"; "by no means will there be independence", he emphasised. He also stressed that the Spanish Government is ready "to fight the battle of defending the many millions of citizens who feel Catalan, Spanish and European". Rajoy said he is satisfied with the strategy he has been employing during the last few years, based on a total rejection of even talking about the organisation of a mutually-agreed vote like the one that took place in Scotland. According to him, his approach was "cautious and proportional". "We have not made any concession", he added, "nothing". According to him, any Spanish PM would have acted in the same way, as "it is not easy to hold a dialogue with somebody who wants to organise a referendum".

On Friday, the Catalan Green-Socialist party ICV and alternative left-wing Podem (Catalan branch of the Spanish party Podemos), reached an agreement to run together in the Spanish elections, after already having agreed a few days ago to run together in the next Catalan elections (scheduled for 27 September). The Spanish elections have not been called yet, but are expected to be held later this year, according to Barcelona-based newspaper 'El Periódico' and sources from the two political parties. In late June, the leaders of ICV, Joan Herrera, and Podemos, Pablo Iglesias, already announced that the two parties intended to participate as a coalition in both the Catalan and Spanish elections. They are to run in both ballots under the name 'Catalunya Sí que es pot' (in English, 'Catalonia yes we can'), adding the word 'Podem' at the beginning of the name for the Spanish elections.

The leadership of the Christian-Democrat party UDC supports Catalonia's self-determination but it is against full independence; it supports the creation of a Catalan State with greater powers than it currently has while remaining within Spain, which should embrace its plurinational nature and become a confederal country. However, an important part of UDC's base does support independence and has been trying to force an open debate and consultation on it within the party, in order to set the official party stance on this issue. Currently, the leadership's vision represents UDC's traditional stance on this issue, but the party does not have an official stance on independence yet. This situation has provoked tensions within the small party but also with their allies for the last three-and-a-half decades, the Liberal party CDC, which is the largest force within the two-party coalition CiU that currently runs the Catalan Government. UDC announced an internal consultation on 14 June to fix the party's definitive stance on this debate. However, the leadership has presented a question that avoids independence; a formulation that has created quite some controversy among UDC members.

The Catalan Government has approved its 'Strategic Plan for the External Action 2015-2018', which foresees the opening of additional delegations abroad. The Spokesperson for the Catalan Executive and Minister for the Presidency, Francesc Homs, who is in charge of External Relations, announced that some of these delegations may be opened in the coming weeks. Homs admitted that the Spanish Government may appeal against the new delegations and the plan, as it did with the delegations in Rome and Vienna, and the External Action Law. The Law was approved last November but was already foreseen in the Catalan Statute of Autonomy from 2006. In addition, Catalonia's own external action was validated by the Spanish Constitutional Court in 2010. With the independence debate on the table, the Spanish Government is insisting on reducing the number of delegations and controlling their activities.

The Spanish Ministry of Education has filed an appeal to the Supreme Court of Catalonia (TSJC) to cancel the already-sent enrolment applications for the next school year in order to include the option of choosing Spanish as the language of tuition. Five parties representing 80% of the Catalan Parliament have strongly protested against this "new attack" on a school model that guarantees that pupils master both Spanish and Catalan and has many flexibility measures for newcomers. The model is also backed by an extremely broad majority of Catalan society and only a few dozen families, out of the 1.55 million pupils in Catalonia, had requested education in Spanish. Linguistic immersion in Catalan ensures knowledge of the language by children who are not regularly exposed to it, while the model also ensures knowledge of Spanish. Therefore, equal opportunities and complete bilingualism are ensured. However, the model has been the target of Spanish nationalists for a long time.

The Spanish Prime Minister, Mariano Rajoy, has not ruled out the possibility of holding the Spanish General Elections – which should normally be held in late November or early December – at the same time as the Catalan Elections, which are to take place on 27 September. The Catalan Elections are to be transformed into a 'de facto' plebiscite on independence and have been called a year early, as the only option left in order to hold a self-determination vote, after Rajoy's total opposition to any such vote and his failing to even talk about it. During the last few weeks, the possibility of Rajoy calling the Spanish Elections early in order to ensure that they coincide with the Catalan vote (with the aim of partially neutralising the plebiscite effect) has been widely discussed. However, Rajoy also said that he would like to hold them "at the end of the year".

The governments of Catalonia, the Basque Country, Andalusia, the Canary Islands and Asturias, which are the only Autonomous Communities that are not run by the governing People's Party (PP), have protested once again against yet another recentralising measure of the Spanish Executive that violates their exclusive powers on Education. The representatives of these 5 Autonomous Communities, which together represent almost 50% of Spain's population, left a meeting organised by the Spanish Minister for Education, José Ignacio Wert, held to present a new centralist and imposed measure in this field: from now on, the final exams of the obligatory education cycle and the baccalaureate (A-levels) will be drafted by the Spanish Government, which will make sure they are "homogenous" for the whole of Spain, as Wert said. Far from being anecdotal, the measure means subjects such as History of Catalonia, Catalan Geography and Catalan Language and Literature will not be included in the exams or will be treated as second-class subjects. 

As was expected, the Constitutional Court has accepted the Spanish Government's appeal against the Catalan Law on External Action and Relations with the EU, which was approved last November and was already foreseen in the 2006 Catalan Statute of Autonomy. The Court's acceptance of a Spanish Government appeal automatically represents a temporary suspension of the legal measure for an initial 5-month period. The temporary suspension does not mean that the law will ultimately be suspended, but that there are enough reasons to study whether the Catalan law fits within the Constitution or not. According to the Spanish PM Mariano Rajoy, the law goes beyond the Catalan Government's attributions and invades the Spanish Executive's exclusive powers regarding international relations and the direction of Spain's external policy.

The People's Party (PP), which runs the Spanish Government and holds an absolute majority in the regional parliament of the Valencian Community (also called Valencian Country), has approved the Law on Identity Signs with votes from party members only. The Law entered into force this Friday. The new regional rule sets what are Valencia's identity symbols and traditions, and also insists on defining Valencian as a totally different language from Catalan, going against all scientific studies and experts. It also foresees sanctions for any organisation which states that Valencian is a dialect of Catalan. During the last few decades, Valencian regionalist politicians – most of whom have a strong Spanish nationalist ideology – have been working on differentiating the Valencian dialect from Catalan spoken in the rest of the territories that have Catalan as their native language. The PP has strongly contributed to this split, politicising the unity of Catalan language and also splitting Valencian society over identity issues.

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.

Barcelona Provincial High Court judge Santiago Vidal, who has openly supported independence, has been expelled from the judiciary for a 3-year period by the Spain’s Judicial Power Council (CGPJ). The sanction is far from unanimous and has been adopted after an 9-hour-long debate among the CGPJ’s 21 members, since the liberal minority was against sanctioning the judge for having written a draft Constitution for an independent Catalonia. However, the conservative majority considered Vidal to have committed a grave mistake regarding his duty to respect the Spanish Constitution. Vidal has been arguing over the past few weeks that such a draft was written in his free time and is part of his freedom of expression and ideology. In addition, he defended himself by saying that when working as a judge, he has always followed the current Constitution and legal framework. After hearing the CGPJ’s decision, Vidal stated that the decision is “political” because he is “hostile to the regime”, “an expression from 40 years ago that I thought I would not hear in democracy”.

The Catalan Government’s Budget for 2015 includes some “unconstitutional” measures, according to the Council for Constitutional Guarantees (CGE), which is an advisory body issuing non-binding reports. The CGE has criticised a number of bill amendments developing some state structures, but not all of them. The body has highlighted the way the budget bill is to develop Catalonia’s own tax administration and its own competition authority, finding it to be at odds with the Spanish Constitution. However, the CGE does consider the way in which Catalonia’s own Social Security system would be developed (by launching the Agency of Social Protection) to respect the Constitution. The governing centre-right pro-Catalan State coalition CiU and the opposition left-wing Catalan independence party ERC have said they will modify the measures criticised and will develop the affected state structures in a similar way to the Social Security system.

Spain’s Constitutional Court has ruled against the Catalan Parliament’s Law on Consultation Votes, approved in September, and the President of the Catalan Government’s Decree calling for a consultation vote on independence on 9 November last. The Constitutional Court had already temporarily suspended both legal measures in October, but it still was yet to issue its definitive verdict. After the temporary suspension, the Catalan Government promoted an alternative and symbolic vote on independence run by 40,000 volunteers, also on 9 November, in which 2.35 million people participated despite the Spanish authorities’ full opposition and even threats. The Catalan President, Artur Mas, stated that the Constitutional Court’s final decision “leaves 27 September [early elections] as the only way to consult the Catalan people” about their collective future. Meanwhile, the Spanish PM, Mariano Rajoy, highlighted that the Court’s decision “has been adopted unanimously” and that “governments have to honour laws”.

The conservative Spanish nationalist People’s Party (PP), which runs the Spanish Government, has appealed against the Catalan Executive’s 2015 budget bill, which will delay its definitive approval and implementation by up to one month. The new budget was supposed to be approved this week by the Catalan Parliament, after months of negotiations between the governing centre-right pro-Catalan State coalition CiU and the left-wing Catalan independence party ERC. The new bill will increase social spending and also increase funds for Catalonia’s own tax administration and for the launch of a Catalan Social Security agency. The Catalan Government accused the PP of “parliamentary filibusterism” and warned them that the appeal “will not stop the [self-determination] process” nor the creation of “state structures”. However, it will damage families in need, as it will delay the implementation of new social programmes.

Miquel Iceta, First Secretary of the Catalan Socialist Party (PSC), is currently rejecting a vote on independence and is proposing a broad Constitutional Reform to grant Catalonia a better fitting within a truly federal Spain. On Wednesday evening, Iceta exposed his proposals in a conference, emulating what the main pro-independence leaders – Artur Mas and Oriol Junqueras – had done one and two weeks ago. On Thursday, he was interviewed by a radio station about his proposals and he was asked about would happen if Catalans were to reject the Constitutional Reform he is pushing for. In such scenario, the leader of the PSC – which is part of the Spanish Socialist Party (PSOE) – stated that he would support the organisation of a referendum on independence. However, before voting on breaking up with Spain, Iceta insisted on the need to vote on a new agreement set through a Constitutional Reform.