spanish constitutional court

The independence declaration approved by the Parliament this past Monday will in the end be taken before the court. The Spanish Council of State has unanimously approved the appeal that the Spanish government presented to the Spanish Constitutional Court (TC) and considered the independence proposal to violate four articles of the Spanish Constitution. According to the Council, it is an attempt against Spain's "national sovereignty", "the indivisible unity of Spain" and "the subjection of the public powers to the law", besides other articles of the Catalan Statute of Autonomy. Spain's public prosecutor’s office also commented on the declaration and warned that the police have been called to investigate and denounce any "sedition crime" against Spain's government, referring to the Parliament's foreseen disobedience to the TC's resolutions.

The Spanish Constitutional Court (TC) will in the end allow the plenary session to put the pro-independence declaration to vote. The TC hasn’t adopted the precautionary measures that the PPC and Ciutadans asked for in order to stop the debate on the ‘Junts Pel Sí’ and CUP agreed proposal and will allow the plenary session to vote on the roadmap towards independence proposed by ‘Junts Pel Sí’ and CUP. They pointed out that precautionary measures are only adopted in “cases of extreme urgency” and that they understand that this is not the case. However, the TC accepted the three writs of protection presented by the Catalan People’s Party, PPC, the Catalan Socialist Party, PSC, and anti-Catalan nationalism Ciutadans. The magistrates expressed this Thursday in a joint letter that the appeals have been accepted because they “transcend the concrete case” and “raise judicial matters of a relevant social repercussion, with political consequences”. Spanish Prime Minister Mariano Rajoy assured that if the pro-independence proposal is ultimately approved, the executive itself will appeal. 

More than 7,000 catalans living abroad couldn’t exercise their democratic right to vote in the past 27-S elections. Catalan Minister for Public Administration, Mertixell Borràs accused Electoral Roll Office of “violating fundamental rights” by denying the government’s petition to extend the postal vote for those Catalans living abroad but contradictorily accepting to do so for soldiers and Catalans living in other parts of Spain.. “We warned that we won’t stand on the side lines and we haven’t” stated Borràs and announced that the Catalan Government presented an appeal to the Supreme Court to “assume responsabilities”. “It is clear that irregularities did happen in the months and weeks before the 27-S” and “someone must be held accountable, whether it is someone in the Postal Service, the Foreign Ministry, or the Electoral Roll office” she stated. “We have to make sure that this won’t happen again and that such an absurd situation won’t  go unpunished”. 

The Spanish Senate approved this Thursday the reform of the Spanish Constitutional Court (TC) Law to be able to fine and suspend from office those public servants, politicians and authorities who don’t comply with its rulings. The reform proposal was announced a month ago by the People's Party (PP) leader in Catalonia, Xavier García Albiol, and was approved as a matter of urgency. Albiol stated that this amendment to the Constitutional Law will work as a barrier to dissuade “anybody from declaring Catalonia’s independence”. According to the Spanish executive, the new law will "guarantee" that the TC stops "those who want to break Spain" from doing so. The entire opposition has described the reform as "an electoral act" and accused the PP of "manipulating the Spanish justice system with political motivations". The reform was approved with 143 votes in favour, 80 against and 1 abstention and will become effective in the following days, once it is published in Spain's Official Journal (BOE). 

Catalan President Artur Mas reacted this Wednesday to his summonsing by Catalonia’s Supreme Court (TSJC). “Legally I didn’t disobey. Politically, there was a democratic rebellion against the State” he stated in a radio interview with Catalunya Radio. The charges are “the reaction of an arrogant, furious, clumsy state, whose pride was hurt, which is incapable of dialogue and which will do everything in its hands to get rid of me” he summarised. On the other hand, Spanish Prime Minister Mariano Rajoy considers it “false and unfair” to attribute the court’s decision to the Spanish government, as in Spain there is a “separation of powers”.

Catalan government spokeswoman, Neus Munté, stated that the suspension will be appealed and described the decision as “another example of asphyxia and re-centralisation”. The Catalan reform stipulated that all those civil servants who wanted to apply for a position in the entity, would need to have permanent positions in Catalonia. The Constitutional Court (TC) considered the new law to have violated the right of all Spanish citizens to access the entity under the same conditions. 

The Catalan Minister for the Presidency, Francesc Homs, has stated that they are "sceptical" about the constitutional reform that the Spanish Prime Minister and leader of the People's Party (PP), Mariano Rajoy, is starting to consider. The Spanish Justice Minister, Rafael Català, said 10 days ago that his department would "study a constitutional reform" which would not make any concession to Catalonia's demands. For the last 3 years, Rajoy and the PP have been unilaterally blocking any attempt to launch a constitutional reform debate. Now, with Catalonia's independence being a distinct possibility if pro-independence parties win the forthcoming 'de facto' referendum scheduled for 27 September, the Spanish Government has started to say it would consider a limited reform, particularly to strengthen its own powers. This Monday, the Catalan President's 'right-hand man', Frances Homs, said that they will not even consider such a constitutional reform if it does not include Catalonia's right to self-determination.

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".

The President of the Catalan government, Artur Mas, has told parties favouring the right to self-determination on Thursday to "enhance" the plebiscitary character of the 27-S elections after the Spanish Constitutional Court (TC) ruled the Catalan government's preparations for the 9-N election unconstitutional. The 9-N ballot asked voters whether Catalonia should be independent. According to Mas, the judgment evidences that the Constitution has become a "dead end" and that there is no other route left except for a plebiscitary vote. He warned that the TC cannot "override or erase" the vote of 2.3 million people on 9-N.

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 fee that was temporarily charged on each drug prescription in Catalonia between June 2012 and January 2013 has started to be refunded by the Catalan Government, after the Constitutional Court definitively banned it in May 2014. The decision came after an appeal from the Spanish Government, despite the People Party (PP) initially having supported the measure in spring 2012. However, after the Catalan Government started to back independence from Spain in autumn 2012, the PP decided to oppose the drug prescription fee. The measure had been adopted to reduce pharmaceutical spending, with the final goal being to reduce public deficit. In the short period the fee was in place, €45.7 million was directly earned but much more was saved, since drug spending dropped by around 23%. According to the Catalan Government's calculations, so far 100,000 euros has already been returned to approximately 5,000 people and about €6 million will be returned in total. So far, 300,000 people have filed the request, with an average of €20 per person.

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 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.

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 Constitutional Court has accepted to debate the Spanish Government's last appeal against the Catalan Executive's tax on bank deposits, which has to be paid by financial entities. Such a decision represents the automatic cancellation of the tax for an initial period of 5 months. Catalonia approved such a measure in December 2012 and two weeks later, the Spanish Government approved its own tax with a 0% rate, so it was 'de facto' cancelling the regional taxes. However, instead of compensating Catalonia for having cancelled the tax – as it is legally obliged to do – the Spanish Government refused to do so, since it argued that the tax had not entered into force yet and took the issue to the Constitutional Court. The Court initially accepted the Spanish Executive's appeal and the tax was temporarily suspended, but in May 2013 it was lifted. In July 2014, the Spanish Government modified the tax with a 0.03% rate and in December it presented a new appeal against the Catalan tax, which brought in some €680 million in 2014.