spanish constitution

Miquel Iceta, First Secretary of the Catalan Socialist Party (PSC), proposed his road map for the coming two years: no early elections and broad Constitutional Reform to better fit Catalonia into a federal Spain. On Wednesday Iceta held his own conference after those of the Catalan President and leader of the centre-right pro-Catalan State coalition (CiU), Artur Mas, and the left-wing independence party (ERC), Oriol Junqueras. While the two others support independence, Iceta opposes it. He totally rejected the road maps proposed by Mas and Junqueras and insisted on the need to work "on the real problems of Catalans", such as poverty, unemployment, budget cuts in public healthcare, etc. However, the PSC leader admitted that "there will be no solution without a vote", but "a real vote". Iceta said that before breaking up with Spain, Catalans should be allowed to vote on "a new agreement" to remain in Spain. In order to facilitate such a new agreement, he proposed that the Spanish Government cancel part of the Autonomous Communities' debt.

The governing People’s Party (PP) has once again rejected the creation of a subcommittee within the Spanish Parliament to start debating a Constitutional Reform, in order to handle the deep political crisis and Catalonia-Spain relationship. The Spanish Government and the PP – which holds an absolute majority at the Chamber – have been refusing to initiate a Constitutional Reform on manifold occasions during the last few months. Furthermore, last weekend, Prime Minister Rajoy strongly objected to making “any concession” regarding Catalonia’s demands and, instead, the PP is working on an involution of the political model that would recentralise many powers and increase the Spanish Government’s presence in Catalonia. This Thursday, the Spanish Socialist Party (PSOE) filed the motion to create a parliamentary subcommittee to start working on the Constitutional Reform because the best way to save this text is “by updating it”. The PP replied “this debate is neither timely nor necessary”.

The European Commission has warned Spain about its budget for 2015 and the possibility of meeting the global deficit target of 4.2%. It has asked the Spanish Government to adopt the necessary measures to guarantee that the 2015 budget will respect the Stability and Growth Pact. The Spanish Minister for the Economy answered back and affirmed that no additional measures will be adopted since the planned budget and the forecast economic growth “are enough”. The Commission also demanded that the Spanish Government put “more pressure” on the Autonomous Communities that will not meet their deficit target for 2014, which is likely the case of Catalonia. Brussels directly asked for the implementation of “corrective measures” in these cases. However, the Commission did not make any comment on whether such deficit targets unilaterally imposed by Madrid are fair or realistic. In fact, the Catalan Finance Minister accused the Spanish Government of putting the blame on the Autonomous Communities and “discrediting” them, in order to recentralise powers. 

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”.

On Sunday the Spanish Socialist Party (PSOE) approved another solemn declaration proposing a Constitutional Reform, after it already did so in July 2013. Once again the PSOE has not detailed their proposal, but insists on building a true federal model, going beyond the current Autonomous Community system. The People's Party (PP) – which runs the Spanish Government – opposes such a reform although they "agree to talk" about it. The PSOE wants the PP to "immediately" approve the creation of a Constitutional Reform committee at the Spanish Parliament and set expert hearings to debate ideas. However, they do not want "to rush" to solve Catalonia's "urgent problem", as explained by the President of Andalusia and PSOE's Chairperson, Susana Díaz. Meanwhile, the alternative left party Podemos, which could win the next Spanish elections, has elected Pablo Iglesias as its Secretary General, who has promised a broad Constitutional Reform. Iglesias recognises Catalonia's right to self-determination but considers that the Catalan Government cannot approve a unilateral declaration of independence.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

The day after 2.3 million citizens gave their opinion on Catalonia's independence, the reactions of Spanish and Catalan parties did not bring great surprises. The PP, which runs the Spanish Government, considered the vote "illegal" and announced potential legal actions. In addition, they stated that "a silent majority" did not vote. The Spanish and Catalan Socialist parties (PSOE and PSC) insisted on a Constitutional Reform and rejected an independence referendum. Populist party Ciutadans (C's) asked for early elections, while Spanish nationalist UPyD wanted Catalonia's autonomy to be suspended. Parties supporting self-determination praised Sunday's vote. The governing centre-right pro-Catalan State coalition CiU wants to explore negotiations, although Liberal CDC is sceptical about the results. The left-wing independence party ERC and the alternative left and radical independence CUP rejected negotiations with Madrid. The green socialist and post-communist coalition ICV-EUiA asked for a binding referendum.

On Sunday, Catalans are being called to give their opinion about independence in a participatory process, organised by the Catalan Government in cooperation with more than 40,000 volunteers and many town halls, which replaces the original consultation vote also scheduled for the 9^th of November. The Spanish Government appealed against the first vote, the Constitutional Court suspended it, the Catalan Government launched an alternative process and the Spanish Government filed a new appeal, accepted by the Constitutional Court. However, this time the non-binding participatory has been maintained with a wide consensus among Catalan institutions a wide representation from the civil society. These are the three last steps of an intense self-determination process, which started with the approval and trimming of the Catalan Statute of Autonomy and was shaped by four massive demonstrations and a series of "no" and threats by the Spanish authorities. Here is a summary of the main milestones of this process before the massive pro-independence demonstration of 2012.

The Constitutional Court rejects calling an urgent meeting to debate the appeal that the Catalan Government filed on Friday against the suspension of Sunday's participatory process, in which it asked the Court for further clarifications about the suspension's exact scope. A month ago, the Court organised an urgent and non-scheduled meeting that took place only 5 hours after the Spanish Government filed its appeal against November 9's consultation vote. However, on this occasion, when the vote is supposed to take place in less than 48 hours and not in 5 weeks time, the Court will not organise an urgent and non-scheduled meeting. In fact, the Court will follow its previously agreed calendar and will meet in 2 weeks time.

The Spanish Supreme Court has decided to reject the Catalan Government's complaint, filed on Tuesday, against the Spanish Government's appeal of the citizen participation process on independence, scheduled for the 9^th of November. Therefore, the Constitutional Court's temporary suspension of such a non-binding consultation is still valid. The Catalan Government considered that the appeal filed by the Spanish Prime Minister, Mariano Rajoy, went against Catalans' fundamental rights, such as the freedom of expression, the freedom of ideology and the right to political participation. However, the Supreme Court's Administrative Law Division decided on Thursday not to accept the Catalan Government's complaint and stated that it should have been filed to the Constitutional Court. The Catalan Government used the Supreme Court path because it was the only possible way to cancel the suspension before Sunday.

The President of the Catalan Government, Artur Mas, announced on Wednesday that next Monday he will send a letter to the Spanish Prime Minister, Mariano Rajoy, to assess November 9's participatory process and to offer a negotiation for organising a definitive referendum on independence. Mas made such an announcement the day after the Constitutional Court suspended November 9's vote and after the Catalan Government confirmed that the participatory process will still take place on Sunday. The Catalan President emphasised that November 9's vote "is not a referendum to declare independence" and he said that those making these declarations "are lying". Mas emphasised he has respected the suspension of the original consultation vote, launching a citizen participation process instead. "If such a process cannot be carried out in a normal way, then Spanish citizens should think about Spain's democratic quality", he concluded.

On Tuesday, Spain’s Constitutional Court accepted to take into consideration the Spanish Government’s appeal against Catalonia’s participatory process about independence, which has been organised by the Catalan Executive as an alternative to the original consultation vote that was banned by the Spanish authorities five weeks ago. The Constitutional Court has unanimously accepted the Spanish Prime Minister’s new appeal, which brings the automatic and temporary suspension of the object appealed against until a definitive decision is reached. However, the Catalan Government emphasised that the participatory process is still in place, since it is different to the original consultation vote. In addition, it will file a complaint to the Supreme Court against the Spanish Government for not respecting Catalans’ basic rights and freedoms.

The President of the Catalan Government, Artur Mas, reacted on Friday evening to the Spanish Executive's appeal against November 9's alternative consultation vote on independence. Mas guaranteed that the vote will take place because "it cannot be stopped" as it is run by volunteers. In addition, he has accused the Spanish Government of "abuse of power and abuse of legal process", since "it is using the Constitutional Court to solve its problems" and is using "the appeal to hide its lack of political capacity". Furthermore, he emphasised that the Spanish Executive had at first been "downplaying" and "mocking about" the alternative vote, but "two weeks later" it considers it to be a great threat to democracy and it appeals against it. By doing this, the Spanish Government "has crossed the line of becoming ridiculous", he added.

Early afternoon on Friday, the Spanish Government filed the appeal to the Constitutional Court against the alternative participatory process that the Catalan Government is organising for the 9^th of November. According to the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, the appeal's objective is to avoid "an abuse of the legal framework" and "to protect democracy" from the "perversion" represented by the Catalan participatory process. In addition, the appeal also aims "to protect civil servants", emphasised the Deputy PM. Furthermore, she considered that the President of the Catalan Government, Artur Mas, "is taking another step outside of the Constitution" and that he "wants to violate the rights of citizens". This time, the Constitutional Court has not rushed to accept the Spanish Government's appeal, as it did on the 29^th of September, and it is likely to do so on Tuesday 4^th of November, in its next scheduled plenary. If the Court accepts the appeal, as it is expected, the participatory process would be automatically suspended, awaiting the final decision, which can take months or years.

On Thursday, the Spanish Government’s main advisory body – the State Council – has issued a non-binding report upon the request of Prime Minister Mariano Rajoy against the alternative consultation vote that the Catalan Executive is organising for November 9. This body has unanimously recommended taking Catalonia’s participatory process to the Constitutional Court and requesting its suspension. Now, Rajoy has the green light to make such a step on Friday, only 9 days before the vote is supposed to happen. Meanwhile in Catalonia, all the parties supporting the self-determination process are insisting on continuing to work for high citizen participation on the 9^th of November. Furthermore, on Wednesday evening, they started campaigning and the Catalan Government launched the website to inform citizens about their exact voting place. Besides, those against independence in Catalonia are divided between those asking Rajoy to be smart and not to appeal, and those asking him to stop the vote.