spanish constitutional court

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 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.

The Catalan Socialist Party (PSC) proposes a “singular redefinition” of Catalonia’s “fitting” within Spain that should be accomplished urgently while waiting for a global reform of the Spanish Constitution. Maurici Lucena, the PSC Spokesperson at the Catalan Parliament, told the CNA that this temporary measure should avoid “the collision” between the two sides. The measure should “shield” Catalonia’s powers, language and culture from recentralisation and homogenisation attempts, and it would also include a fairer fiscal scheme. In the coming weeks, the PSC will try to convince the PSOE – to which is federated – about it. This proposal is quite similar to the Catalan Statute of Autonomy that was approved in 2006, but trimmed in 2010 by the Constitutional Court following an appeal from the People’s Party (PP) – which now runs the Spanish Government.

The Catalan Government’s Advisory Council for the National Transition (CATN), formed of renowned independent experts, emphasised that Catalonia’s independence from Spain would not represent breaking their affective and historical bounds. Furthermore, they insisted on the need to continue and even to increase cooperation “based on a new principle of equality and mutual respect between both parties”. They have suggested different ways to cooperate, through different structures. For instance, they proposed the creation of the ‘Iberian Council’ bringing together Catalonia and Spain, as well as Portugal and Andorra if they wished to, which would mirror the Nordic Council or the Benelux. Furthermore, the CATN issued three other reports, including a detailed analysis of Catalonia’s tax agency.

Following the announcement of a self-determination vote question and date, the Financial Times urges the Spanish establishment to negotiate. The prestigious and influential newspaper stated that the Catalan claims for independence are “a political problem that requires a negotiated solution”. In this Monday printed edition’s editorial, the FT demanded more “federalism within Spain’s crying need for institutional renewal”, convinced that in the two-part self-determination question proposed by Catalan parties “lie the ingredients for a solution”. “It is not just the Catalans but Spain’s leading parties, Mr Rajoy’s PP and the Socialists, that need to rise to the occasion” urged the Financial Times, while also acknowledging that Spain has failed to build “a plurinational home comfortable enough for its culturally distinct peoples”.

The Spanish Executive has presented a 720-page report in which it proposes 120 measures “to eliminate duplications” and “improve the coordination” between government levels in order to “rationalise” and “increase the efficiency” of the public sector. However, the initiative proposes a true recentralisation of Spain, since almost all the measures point towards transferring powers and services back to the Spanish Government. The Catalan Executive and the non-Spanish-nationalist parties have announced a common front to stop “the pruning” of Catalonia’s self-government. Madrid’s document proposes the direct elimination of several institutions that are defined in the Catalan Statute of Autonomy, approved by citizens through a binding referendum. Furthermore, it cancels pending power devolutions, which had been planned for years but whose effective transfer has been constantly delayed.

The controversial Reform of the Education System continues its progress towards parliamentary approval, now in the Spanish Senate. The Catalan Education Minister, Irene Rigau, stated that with the new law – which “recentralises” and totally “invades” devolved powers – the Autonomous Communities are “delegations of the Central Government”. Furthermore, Rigau asked the Spanish Education Minister, José Ignacio Wert, “to be brave” and “eliminate” the Reform’s points regarding the language immersion principle. This Reform goes against the Catalan school model, which has been in place since the early 1980s and is backed by an almost-total consensus in Catalonia. Rigau pointed out that only 26 cases out of 1.2 million pupils in Catalonia had requested a different model than the one offered. According to her, changing the entire education system and the language equilibrium in Catalonia for 26 families is “abusive and counterproductive”.

One of the six ‘fathers’ of the Spanish Constitution, Miquel Roca, who currently leads one of the largest law firms in Spain, stated that the Constitution does not ban a referendum on Catalonia’s self-determination. “It is a matter of political will”, since Catalonia is recognised “as a nationality” by Spain’s main law, stated the respected lawyer, who also used to be a leader of the Centre-Right Catalan Nationalist Coalition (CiU). In front of a committee of the Catalan Parliament, Roca remarked that it would be “absurd” to call for a referendum at Spanish level, as it would only be binding in Catalonia. In the rest of Spain it would not be binding, emphasised Roca, as “it is said in Article 92”. This article reads that non-binding referendums can be called regarding issues of extreme importance.

The Catalan Government has published a report listing all the Spanish Executive’s disloyalties towards Catalonia including not respecting legislation, devolved powers and cultural aspects. The 50-page document has a chapter quantifying the costs of such disloyalty, which totals €9.375 billion, according to the Catalan Government. €5.748 billion correspond to infrastructure which has not been built; €672 million to a reduction in institutional transfers; €1.715 billion to spending increases due to the Spanish Government’s unilateral decisions; and €1.239 to revenue reductions due to similar unilateral decisions which have never been compensated. The report does not take into account the so-called fiscal deficit – the €16.5 billion that each year Catalan tax-payers transfer to the rest of Spain. The Catalan Government emphasised that there has been “a permanent disloyal activity” since 2000.

The People’s Party (PP), which runs the Spanish Government, used its absolute majority in the Spanish Parliament to pass a controversial reform of the Education System, which is not supported by the teachers’ unions or the rest of the political parties. Among several aspects, the new law goes against the Catalan school model, based on the linguistic immersion principle, which guarantees that all pupils master both Spanish and Catalan by the end of their studies, ensuring equal opportunities. The reform is the personal project of Spain’s Education Minister, José Ignacio Wert, who used to collaborate in far-right television channels. The Catalan Education Minister, Irene Rigau, confirmed that she will take the new law to the Constitutional Court and stated that the reform will not be implemented in Catalonia in 2014.

On the same day, the Court re-affirmed its decision to keep its current Chairman in position despite his anti-Catalan public stance and having been a member of the governing People’s Party (PP) until 2011. On top of this, Catalan and Basque Members of the European Parliament from five different parties formally asked the European Commission to intervene against the politicisation of the Spanish Constitutional Court, stressing that EU democracies should have an independent judiciary. The Constitutional Court is the highest interpreter of Spain’s legislation, has to guarantee the respect of fundamental rights and acts as a referee between the different government levels and political actors. In this capacity, it ruled against the appeal presented by the Spanish Socialist Party (PSOE) against the law that abolished the requirement to know Catalan for working as a public servant in Majorca, Minorca, Ibiza and Formentera, despite it being the local language.

The Spanish Constitutional Court has decided not to exclude its President, Francisco Pérez de los Cobos, from cases directly affecting Catalonia’s self-government institutions despite his anti-Catalan statements and being a member of the People’s Party (PP) until 2011. Among many statements, in 2005 he made one of the most controversial ones when he said that “Catalans are educated to hate Spanish culture”. The Catalan Government asked him at least to apologise publicly for those words, made at a public event, and to take them back. Furthermore, all the Catalan parties except the Spanish nationalist ones rejected the Court’s decision since the institution loses even more credibility. The anti-Catalan nationalist party Ciutadans (C’s) warns that keeping Pérez de los Cobos in position will allow Catalan independence supporters to take legitimacy away from the Court.