spanish constitutional court

Despite Catalonia-based prosecutors having concluded that there is no legal basis for such a complaint, the Director of the Public Prosecution Office, Eduardo Torres-Dulce – directly appointed by the Spanish Government – will finally file it, after 10 days of controversy. All the opposition parties have accused the Spanish Government of pressuring Torres-Dulce and taking a political problem to court. In addition, the Catalan Government accuses Rajoy’s People’s Party (PP) of not respecting the separation of powers. On Monday, the Catalan prosecutors announced they were not backing the complaint, but the Madrid-based Director stated he would carry on anyway. On Wednesday, Torres-Dulce held a long meeting with Spain’s main prosecutors, who backed him but not unanimously. The complaint will be against the Catalan President, Artur Mas, but also against the Vice President, Joana Ortega, and the Education Minister, Irene Rigau.

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”.

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.

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 Government's Delegate in Catalonia, María de los Llanos de Luna, sent letters on Thursday to the directors of high-schools throughout Catalonia reminding them that the Constitutional Court had temporarily suspended November 9's participatory process. Furthermore she added that "neither agreements nor actions going against the Court's decision" should be carried out. De Luna explained that "allowing the use of education centres to carry out actions related to the suspended consultation vote" might go against the Court's decision. In addition, she sent similar letters to all the mayors, chairmen of supra-municipal bodies, main municipal officers and Catalan Ministers related to the participation process' organisation. Furthermore, on Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, asked the Catalan President, Artur Mas, "not to force" civil servants, mayors and citizens to "disobey the law".

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.

On Monday the Catalan Government filed a complaint to the Constitutional Court by which it requested the rejection of the Spanish Executive's appeal against the alternative and non-binding consultation vote on independence scheduled for the 9^th of November. The Catalan Executive accuses the Spanish Government of "abuse of power and abuse of the legal process" since it is filing an appeal instead of filing a mere execution incident in order to force the Court's automatic  suspension of the alternative vote and stop citizens from expressing their opinion. According to the Catalan Minister for the Presidency, Francesc Homs, the Spanish Government cannot argue that Catalan authorities are disobeying the temporary suspension of the original consultation vote and at the same time file a new appeal on this same matter. When the Constitutional Court accepts an appeal from the Spanish Government, the object being appealed against is automatically suspended until a final decision is reached.

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.

The Spanish Government, chaired by Mariano Rajoy, has activated the machinery to suspend the alternative non-binding participatory process that the Catalan Executive is organising on the 9^th of November, which replaces the original consultation vote. On Monday evening, Rajoy asked the State Council – his main advisory body – for a non-binding report on the Catalonia's new vote; it did so on the same day that a broad network of corruption, mainly involving Rajoy's People's Party (PP), was revealed. On Tuesday, the Catalan Government replied that its will is to put out ballot boxes, since it does not believe the Constitutional Court will suspend such a participatory process. Left-wing parties backing a self-determination consultation asked the Catalan Government to keep the vote no matter what. Now that the unity of action among pro-self-determination forces has been restored, the PP is calling the vote a "referendum", after downplaying it for two weeks.

The Spanish Government announced on Friday that it has asked its legal services to analyse all the aspects of Catalonia's alternative vote of the 9^th of November, which is replacing the original consultation vote that has already been banned by the Spanish authorities. 16 days before the consultation vote has to take place and 10 days after it was announced by the President of the Catalan Government, Artur Mas, the Spanish Executive is starting to pave the way for appealing against this new participatory process that asks Catalans their opinion about independence from Spain. On Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, stated that Mas is pretending to replace "an illegal process for one that is even more antidemocratic". Therefore, it seems that after a few days hesitating whether or not to ban the new vote, the Spanish Government will probably appeal against it and make the Constitutional Court temporarily suspend it. In the last few days, Catalan political parties and civil society organisations have rebuilt their unity of action, which seemed broken during the time the Spanish Government was hesitating.