spanish constitutional court

This coming 11^th of September – which is Catalonia’s National Day – pro-independence supporters have organised a gigantic human chain called the ‘Catalan Way Towards Independence’ that will cross Catalonia from North to South stretching 400 km and passing through some of the main cities, such as Barcelona, Girona and Tarragona. After having organised the 1.5 million-strong demonstration of 2012, the civil society platform Catalan National Assembly is preparing a new massive demonstration that calls for independence from Spain. This year’s peculiar demonstration is inspired by the ‘Baltic Way’ of 1989, which gathered 2 million people forming a 670 km-long human chain crossing Estonia, Latvia and Lithuania. The ‘Baltic Way’ was organised exactly 24 years ago and issued a manifesto that read “a common European home can only by set up if all European nations are granted a free right to self-determination”.

The Catalan Government has reminded it has the exclusive powers to rule local governments in Catalonia, an authority which stems from the Catalan Statute of Autonomy approved by the Spanish Parliament and a binding referendum. Therefore, it does not recognise the Spanish Government’s law proposal on local governments, approved last week in Madrid, and will reject any imposition. The new Catalan law foresees the volunteer merging of municipalities and elimination of 1,034 remunerated positions in the County Councils. It also reshapes the body managing services within the Barcelona Metropolitan Area. Furthermore, it strengthens the control on the creation of new local bodies and the public services offered by municipalities.

The new President of the Spanish Constitutional Court, Francisco Pérez de los Cobos, has turned out to be a member of the People’s Party (PP), which runs the Spanish Government. In addition, the expert in labour law had drafted several reports for the PP on several issues. On top of this, Pérez de los Cobos wrote a book with many sentences against Catalonia and Catalan citizens, amongst other controversial stances. According to the Catalan Government, this person cannot chair an institution that has to act as a referee between the different levels of government in Spain and that has to interpret the Constitution regarding very sensitive issues, such as Catalonia’s self-determination. For this reason, the Catalan Government demanded that Pérez de los Cobos be excluded from all the cases that involve the Catalan Executive.

Spain’s Constitutional Court has responded to an appeal from the Catalan Parliament dating from 2004. The appeal was against the Judicial Power’s last reform, approved by the Spanish Parliament, in the time of José María Aznar. Now, the Constitutional Court states that the Catalan Government only has competence over the non-judicial staff working in the justice administration, but not over the judges and other judicial staff. This means that the knowledge of Catalan language will not be a condition to work as a judge in Catalonia. Therefore Catalan citizens may not be able to use their mother tongue in their justice procedures or they will have to use interpretation services.

On Tuesday the Catalan Council for Constitutional Guarantees (CGE) declared that the Spanish Government decree cutting €3 billion in education does not respect 2 Constitution articles and 5 other articles from Catalonia’s Statute of Autonomy, being thus unconstitutional and going beyond Madrid’s jurisdiction. The Catalan Government following the CGE’s unconstitutionality assessment decided to bring the education decree to the Constitutional Court(TC), as it did last week with Rajoy’s health decree. However, after the Spanish Government threatened to bring approved initiatives from the Catalan Executive to the TC, the Catalan Government decided to modify the decrees through dialogue and bring the decrees to the TC as a last option.

The Catalan Government has announced a plan against the Spanish Government’s “recentralisation offensive”. One of its actions is taking the education and healthcare reforms adopted by Madrid to the Catalan Council for Constitutional Guarantees, as a first step to bring them to Spain’s Constitutional Court. The Catalan Government believes that some of the measures invade its jurisdiction, as it directly manages education and healthcare. Another measure is issuing a report pointing out the Spanish Government’s duplicities, such as maintaining ministries such as education, healthcare and culture. These policies are managed by the Autonomies. Left-Wing opposition parties have urged the Catalan Government to take further measures, while the PP has accused the Catalan Executive of “lying”.

This advisory body dependent on the Catalan Government affirms that two aspects of the Labour Reform Law, recently approved by the Spanish Government, go against the Spanish Constitution. Furthermore, the report also highlights three elements that invade the Catalan Government’s jurisdiction. The four Left-Wing Catalan parties that requested the assessment one month ago are pushing for the reform to be brought to the Constitutional Court. CiU, who runs the Catalan Government, hopes to modify these aspects through parliamentary negotiations.

The highest Catalan court has clarified how to execute the sentence of the Spanish Supreme Court that had recognised the right of 3 families to school their children in Spanish and not in Catalan. These families will have their individual rights respected, but the current school model will not be changed. Catalonia’s education model has been validated twice by the Spanish Constitutional Court and has been in place over the last 30 years, guaranteeing full knowledge of both official languages –Catalan and Spanish– by all its pupils. Experts advise that the current school model prioritises the weakest official language –Catalan- following the principles of equal opportunities and social cohesion. The model has been praised by UNESCO, the European Commission and the European Parliament.

In addition, he warned about an ongoing re-centralisation process, going against the consensus of 1978, and whose next step “will be the electoral reform”, which “will sentence us [Catalan nationalists] as galley slaves”. The day that King Juan Carlos was ratifying with his signature the amendment to the Spanish Constitution, one of the main law’s six founding fathers criticised the reform. Miquel Roca, who represented the views of the Catalan nationalists in 1978 criticised a reform approved only with the support of the two main parties in Spain, both defending centralist stances.

After more than 3 years of negotiation, the Conservative People’s Party (PP) and the Spanish Socialist Party (PSOE) have finally agreed on a replacement procedure for the Constitutional Court magistrates who currently have expired mandates. The Constitutional Court has had 4 magistrates with expired 9-year mandates since 2007. The Senate should have already appointed new magistrates, but the two main parties, especially the PP, have been blocking the process.

A renewal was urgent after the legitimacy crisis that occurred during the debate over the Catalan Statute of Autonomy. Some political forces, especially in Catalonia, were expecting a broader reform that would limit the Court’s power to decide on already approved laws via referendum.

Aragon, the Balearic Islands and the Valencian Community each presented a different appeal before the Court against some articles and dispositions of Catalonia’s main law, the Statute of Autonomy, which was approved in 2006 by a referendum. The magistrates have completely rejected Aragon and the Balearic Islands’ appeals and have “not admitted” the appeal from the Valencian Community.

Catalan President José Montilla and Spanish minister Manuel Chaves meet to demonstrate their will to cooperate in the development of the original Statute

The details of the sentence on the Catalan Statute of Autonomy have finally been released today through an 881-page document. On Monday the 28th of June, the Constitutional Court decided to trim the ?Catalan Constitution?, which is currently enforced

The sentence on the Catalan Statute of Autonomy can be appealed before Strasbourg, as one of the most prestigious French experts on Constitutional law pointed out. In addition, a political scientist of Queen Mary College in London says that this reduction