spanish constitution

The German multinational BASF distanced themselves from the manifesto issued on Tuesday by 60 German businesspeople, including BASF CEO in Spain, against Catalan independence. BASF stated that they “will is to continue [their] activities in Catalonia”, as “proven” by their “more than €30 million investment” made in 2013. The manifesto against independence stated it would have “dreadful consequences” on the Catalan economy. BASF replied they “did not intend to influence or intervene in political debates”, adding that they “respect the laws of the countries in which [they] operate”. The German company “deeply” lamented, along with its CEO Erwin Rauhe, that the company’s name had been used in the presentation of the manifesto against independence, called ‘Declaration of Barcelona’.

The Catalan Government’s Spokesperson and Minister for the Presidency, Francesc Homs, has highlighted that the results of a self-determination vote in Catalonia would not be invalidated by a secondary vote held at Spanish level. “This is not about putting the Catalan people’s decision-making capacity in somebody else’s hands”, stated Homs on Friday. The previous day, Homs had proposed to hold such a referendum at Spanish level since he was foreseeing the need to adopt Constitutional changes based on the results of the Catalan self-determination vote. He stated that firstly “the opinion of Catalans” had to be known; secondly, a negotiation based on this vote’s results should be held between Catalan and Spanish authorities; and, thirdly, since it is likely that Constitutional changes will be needed, a referendum at Spanish level should be held.

The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, stated that the opinion of the Catalan citizens, in the first place, had to be known through a consultation vote. After having achieved this and according to its outcome, negotiations between Catalan and Spanish authorities should take place in order to change the current status quo. The results of such negotiations, which would very likely lead to a reform of Spain’s Constitution, would then have to be voted by all Spaniards through a second referendum, according to Homs’ hypothesis. In an interview with the Spanish nationalist radio station COPE, owned by the Spanish Catholic Church, Homs wondered if “an Autonomous Community has the capacity to propose the start of a Constitution reform-process?”

The Spanish Foreign Affairs Minister, José Manuel García-Margallo, said that Spain could “consider” the admission of an independent Scotland within the EU. In a front-page article published this Monday in the Financial Times, Margallo argued that if the Scottish people gained independence through a “legal” process, Spain would not interfere. However, the Minister warned that the Scots would have to “join the waiting line and ask for admission” to enter the EU. The article underlined that “Margallo’s nuanced stance towards Scotland stood in marked contrast to his uncompromising rhetoric on Catalonia”, “two fundamentally different” cases according to him. The President of the Catalan People’s Party – Margallo’s party - reacted to the interview and stated that his words had been misinterpreted: Spain would assess Scotland’s admission but would not approve it.

Catalonia’s High Court has interpreted the last sentence of the Spanish Supreme Court and forces the Catalan Government to offer “at least” 25% of the mandatory school curricula in Spanish in the schools where pupils ask for it. A dozen of parents had complained in the last few years, filing several appeals and stating they wanted their children to be taught in Spanish in Catalonia’s public schools. The Catalan school model is based on the linguistic immersion principle and almost all the subjects are taught in Catalan except Spanish which is taught as a language. However, the system includes many flexibility measures for new-comers and individualised attention in Spanish. The Spanish Supreme Court considered this was insufficient and sentenced that a class had to be taught in Spanish if the family of a single pupil asked for it and even if the other children’s families had not requested it.

A Professor at the prestigious Paris Institute of Political Studies (Science Po), Jean-Bernard Auby, has advocated for a temporary solution to keep Catalonia within the European Union if it reaches independence from Spain. This agreement should guarantee that Catalonia will not be excluded from the EU even if it does not immediately become a full-member. During a conference in Sciences Po Toulouse organised alongside the Public Diplomacy Council of Catalonia (Diplocat), Auby insisted that “Catalonia and the Catalans are part of the EU” and for this reason, if they become independent “one shouldn’t, in a mechanical way, impose on them to go through the procedures we impose on those who are complete outsiders”. The conference ‘The right to self-determination of Catalonia. Legality and democratic legitimacy’ is part of a series of debates on the right to self-determination, organised by the Diplocat and scheduled in prestigious universities throughout Europe.

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.

Two Spanish Ministers have sent two warning messages on the same day. On the one hand, the Spanish Foreign Affairs Minister, José Manuel García-Margallo, announced “a 25% or 30%” of “immediate” loss of wealth for an independent Catalonia “according to several studies”, which have not been mentioned by name. Margallo warned Catalans about the “harmful and lethal consequences” that independence would bring. He also stated that the self-determination process can also cause “an employment loss” since it is hurting Spain’s external image. On the other hand, the Spanish Justice Minister, Alberto Ruíz Gallardón, guaranteed that “Spain has the necessary tools to defend […] the national sovereignty, which is in the hands of its citizens as a whole”. Furthermore, Gallardón emphasised that “Spain is a great nation that is worth living in and loving, and which is worth fighting for”.

The leadership of the Catalan Socialist Party (PSC) has decided to remove the 3 MPs who supported Catalonia’s self-determination from their positions within the party organisation and at the Catalan Parliament. However, the MPS were neither expelled from the party, nor from the parliamentary group. This way, the PSC avoids passing from 20 to 17 MPs and therefore becoming the 4^th largest group at the Catalan Parliament, behind the 19 MPs of the People’s Party. In the last few days, the PSC leadership was insisting that the 3 MPs should quit the Parliament and leave their seat to the next person on the list. But the rebel MPs rejected this idea since, according to them, they represent a share of the voters who elected PSC representatives because they ran in the last elections supporting the organisation of a legal self-determination vote this term.

The Bureau of the Spanish Parliament has accepted a debate on the Catalan Parliament’s bill requesting the transfer to the Catalan Executive of the powers to organise referendums, using Article 150.2 of the Spanish Constitution. The Bureau, totally controlled by the People’s Party (PP), has not discussed the contents and has only approved requesting the Catalan Parliament to send the bill’s full dossier, the step before putting the bill on the agenda. The motion would be debated in September, although there is a chance it could be rescheduled for June. However, Catalan parties will register an identical bill at the Spanish Parliament to discuss it even earlier, probably in March. The bill was approved by the Catalan Parliament with 87 ‘yes’ votes, 43 ‘no’ votes and 3 abstentions that considered the request was slowing down self-determination.

The Spanish Prime Minister, Mariano Rajoy, stated in a TV interview on Monday evening that he has “a plan” to prevent Catalonia’s self-determination and “guaranteed” that “the independence of any Spanish territory will not happen while [he is] in office”. Rajoy emphasised that his plan’s guidelines are, firstly, “implementing the law”. The Spanish PM said he is “ready for any scenario that might happen”, but refused to disclose any measure. Secondly, he would be “working on increasing the bonds that have always united the whole Catalan people and the people living in Catalonia that are not born in Catalonia with the whole Spanish people”. Thirdly, “working to solve the problems of the Spanish and Catalan economies”, as well as the funding of the Catalan Government. However, Rajoy stated he “will not call” the Catalan President, Artur Mas, despite the offers to talk.

The Spanish Prime Minister, Mariano Rajoy also said that an independent Scotland would be “out of the European Union, the United Nations and all the applicable international treaties for being part of the UK”. Regarding the Catalan Parliament’s bill to formally request the transfer of the powers to organise referendums to the Catalan Executive, based on Article 150.2 of the Constitution, Rajoy has categorically rejected the idea. He stated that his stance on Catalonia’s self-determination “is clear” and “does not include nuances”. In addition, Rajoy said that he is “always open to dialogue” but that “it is impossible to talk” with Catalonia because of “a continuous process of unilateral decisions”. Furthermore, the Deputy Prime Minister insisted that a self-determination vote “cannot take place” and “goes against the Constitution”.

The Spanish Education Minister, José Ignacio Wert, emphasised the need to have a common and single history of Spain taught in all the Autonomous Communities. With the Education Reform he is currently proposing, the history curriculum will be imposed by Madrid and the Autonomous Communities will only be able to add a small portion referring to their own history. However, such additional contentswill be excluded from the final exams and therefore pupils will tend to ignorethem. With this initiative, Wert aims to impose a single interpretation of the historic facts affecting Spain’s history and nation-building. Lately, the Spanish Government, run by the People’s Party (PP), has repeatedly stated that Spain is “the oldest nation in Europe” and is now focusing on the education system to spread this idea.

3 MPs of the Catalan Socialist Party (PSC) have voted ‘yes’ to the bill requesting the transfer of the powers to organise referendums to the Catalan Government, and have thereby gone against the party’s leadership. The PSC ran in the last elections proposing a legal self-determination vote this term. But the increasing tensions with the Spanish Socialist Party (PSOE) – to which the PSC is federated – made the party’s leadership run away from this promise. However, an important minority within the PSC is strongly against this move and continues defending Catalonia’s right to self-determination. Before this Thursday’s crucial vote at the Catalan Parliament, 6 of the PSC MPs (30% of the total) had publicly expressed their serious doubts about opposing the bill. Finally, 1 MP decided to resign from Parliament one day before the vote and 3 other MPs did not follow the party’s instructions and supported the bill.

The Catalan Parliament has approved a resolution to formally request the Spanish Parliament to transfer the powers to organise referendums to the Catalan Government, following Article 150.2 of the Constitution. This mechanism will allow the Catalan Executive to directly call a self-determination referendum, a similar formula to the Scotland case. 87 MPs (64.4% of the Parliament) have backed the proposal and 43 MPs (31.8%) have voted against it. The 3 MPs of the radical left-wing and independence party CUP have abstained, arguing they do not think Spain has anything to say on Catalonia’s self-determination. Furthermore, 3 MPs from the Catalan Socialist Party (PSC) have also backed the text, breaking the party leadership’s instructions. This vote is a true earthquake for the PSC, which might eventually split up.