spanish constitutional court

Catalonia's National Alliance for Self-Determination, which brings together more than 3,000 civil society, business, cultural, sports and political organisations, pledged to make sure that the alternative participatory process scheduled on the 9^th of November will be a success, in terms of voter turnout and of other "great mobilisations". Despite the acknowledged limitations of this alternative vote that replaces the original consultation vote scheduled on the same day, the National Alliance has agreed to focus its collective efforts on this day's success, also backing "other forms of mobilisation that will strengthen citizen participation" in the self-determination process. Furthermore, the Alliance Coordinator, the veteran Christian-Democrat politician Joan Rigol, stressed that political parties will also focus on this day and will increase "coordination" to overcome recent tensions among them. The National Alliance will meet again after November 9 to discuss the next steps.

The Constitutional Court has accepted the Spanish Government's appeal against the Catalan Executive' decree from December 2013 with which families in need are protected from their household electricity and gas being cut off by energy supply companies during winter months. The Catalan Government's measure aimed to fight the so-called 'energy poverty': people who cannot afford to pay for their energy bills because they do not get minimum income. The decree was not a cancellation of the bills but to allow those families to postpone the payment during the winter months. However, the Spanish Executive considered that the Catalan measure represented a "discrimination" against the citizens from other Autonomous Communities, who have to pay their energy bills on time. The appeal goes against Catalonia's political autonomy and is arbitrary. The Catalan Government stated it was "upset" by the ban and added that it will find an alternative way to help those families.

The international rating agency Moody’s analyses the current political situation in Catalonia regarding the alternative consultation vote scheduled for the 9^th of November and the potential early elections. Moody’s considers that early Catalan Parliament elections are the most likely scenario, emphasising the Catalan Government’s commitment to respect the legal framework. In addition, it also considers “a common platform” with which pro-independence parties would run in the elections to be the most likely outcome. On top of this, Moody’s predicts the victory of such a common platform and that Catalonia would be in a “strong” position to negotiate a better fiscal deal within the current Constitution. However, in such scenario, Moody’s does not consider independence. In this vein, Catalonia’s credit rating is likely to improve while Spain’s would worsen.

The Catalan National Assembly (ANC) and Òmnium Cultural, which are the civil society associations that organised the massive pro-independence demonstrations in 2012, 2013 and 2014, have given their support to the alternative consultation vote proposed by the Catalan Government but on the condition of early elections taking place within the next three months. On Sunday, the ANC and Òmnium gathered 110,000 people (according to Barcelona local police) in Catalunya Square, three times more than the pro-Spanish-unity demonstration that took place in the same place a week earlier. In front of a pro-independence crowd, the two civil society organisations demanded unity of action from the parties supporting self-determination. They called for "a massive mobilisation" in the alternative participatory process of the 9^th of November, being "the first round" of the early elections, which should become a 'de facto' referendum on independence.

Parties supporting the self-determination vote scheduled for the 9^th of November have met on Monday in Barcelona to discuss whether to carry on the consultation vote as is currently planned or to launch an alternative, in view of the total opposition from the Spanish authorities. According to two parties present at the meeting, the Catalan Government has ruled out the organisation of the consultation as it has been proposed by the decree that has been temporarily suspended by the Constitutional Court. Instead, the Catalan Government has proposed organising a “participatory process” on the same day, using the legislation that has not been suspended by the Spanish authorities. This alternative will be disclosed on Tuesday morning by the Catalan President, Artur Mas. The Spanish Government has already said it will also appeal against such an alternative. The left-wing Catalan independence party ERC has announced it will not back such an alternative and proposes a unilateral declaration of independence.

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) will have to decide whether it suspends Santiago Vidal, judge of Barcelona’s High Court, for having worked in his free time on the drafting of a proposal for a future Catalan constitution in the event of independence, together with other law experts. The CGPJ judge in charge of investigating other judges, Antonio Jesús Fonseca-Herrero, recommended Vidal’s temporary suspension for “infidelity to the Constitution” of Spain. On Friday, the Catalan judge defended his freedom of expression and argued that this activity did not affect his work as he was doing it during his free time. The CGPJ decided to investigate Vidal, despite not having done the same with judges participating in activities of the People’s Party political think tank, for instance.

Spain’s Constitutional Court has unanimously decided to reject the Catalan Parliament’s requests to sideline 2 of its 12 members from the debate and final verdict on the law and decree regarding Catalonia’s self-determination consultation vote. The Catalan Parliament considered that the Court’s President, Francisco Pérez de los Cobos, and the rapporteur on the appeal against the Catalan Law on Consultation Votes, Pedro José González-Trevijano, were not impartial on this issue. Pérez de los Cobos has been a member of the People’s Party – which runs the Spanish Government – and González-Trevijano has worked with the PP’s think-tank. In addition, they both share extreme Spanish nationalist stances: the first one has publicly insulted Catalan identity on several occasions and the second one has defended the maintenance of the shrine where Franco remains are exposed.

On Tuesday the Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, emphasised that "there is no deadline" to decide whether the self-determination consultation vote will take place, which is scheduled for the 9^th of November but which has been temporarily suspended by the Constitutional Court. The previous day, Homs had stated that between the 13^th and 15^th of October a decision should be made regarding some of the preparations for the vote, since they cannot be put in place just before opening the polling stations, a statement which was widely interpreted as a deadline. This statement caused an upset reaction by the government's ally, the left-wing independence party ERC. Moreover, the Catalan Government has appointed the members of the 7 territorial electoral bodies that will supervise November's vote and has started to receive registration petitions from foreign-national voters.

The Spokesperson for the Catalan Government and Minister for the Presidency, Francesc Homs, stated that between the 13^th and 15^th of October , a decision must be reached on whether or not the self-determination consultation vote can take place on the 9^th of November. Considering that Catalan authorities want to hold such a vote with enough democratic guarantees and that the Constitutional Court has temporarily suspended its direct preparations, Homs argued that there is a deadline for the possibility of restarting direct preparations, since "they cannot start on the 7^th or 8^th of November". Therefore, according to the Catalan Government, if the Constitutional Court lifts the temporary suspension before mid-next week, they will still have enough time to put everything in place in order to hold the 9^th of November's self-determination vote. However, 1 of the 7 members of the vote's Control Commission did not think the same and announced his resignation on Sunday evening.

The President of the Catalan Government, Artur Mas, has organised a meeting with the parties supporting the 9^th of November's consultation vote on independence in order to agree the next steps to be followed after the Constitutional Court's temporary suspension. They have agreed to keep the 9^th of November's call but, at the close of this edition on Friday evening, they had debating during the whole day on how to guarantee a legal and democratic vote. The meeting was supposed to end at lunchtime, but it has carried on until the evening and participants do not rule out the possibility of continuing discussions over the weekend. A wide range of political parties, representing 65% of the Catalan Parliament (ranging from the Christian-Democrats to the Alternative Left), have to decide whether the 9^th of November's call will be kept until the end or if they will call for early elections within a few days, with or without the possibility of forming a national unity government.

The judicial battle for the 9^th of November's vote was intensified in the last few hours by Catalan authorities and the Spanish Government. On Thursday evening, the Catalan Parliament's Bureau agreed to challenge 2 of the 12 Constitutional Court members for their closeness to the People's Party (PP), which runs the Spanish Government. They are the Court's President, Francisco Pérez de los Cobos, who was a PP member until 2011, and Pedro José González-Trevijano, who is directly dealing with the Spanish Government's appeal. Moreover, the Spanish Government has announced it will include in its appeals, the election of the members of the Control Commission for consultation votes, which was voted for on Wednesday by the Catalan Parliament and ratified by the Catalan President on Thursday, despite the Court's temporary suspension of the law on which it is based.

Another opinion poll has shown that a wide majority of Catalans want to hold a self-determination vote to determine their relation with Spain. This time, the question was not a general one but it specifically asked about the 9^th of November's consultation vote, which the Spanish authorities completely oppose. Despite the controversy and Madrid's attempts to block it, 70.8% of Catalans would back November's vote, while 22.9% would oppose it. Moreover, the left-wing independence party ERC would win the next Catalan elections with 19.8% of the votes, while the governing centre-right pro-Catalan state coalition CiU would come in second place (13.1%) and the Catalan Socialist Party (PSC) would be 3^rd (5.8%). The largest group of voters are the undecided (23%) and 10.4% would abstain. The People's Party (PP), running the Spanish Government, plummeted to the 8^th place (2.1%).

On Thursday, the day after the Catalan Parliament elected the members of the electoral body that should control the development of consultation votes in Catalonia, including November’s independence consultation, the President of the Catalan Government, Artur Mas, signed the decree appointing the new members. Mas made this step the day before meeting with parties supporting November’s vote to reach an agreement on the new steps to be taken. Spain’s Constitutional Court temporarily suspended the law and the decree on which November’s vote is based. The suspended law was regulating the creation of this Control Commission but the Catalan Parliament’s legal services argued that its members could be elected, as it did not have a direct effect. With the decree, Mas ratified this election, but included an ambiguous clause regarding its validity.

Based on a report from its legal services, the Catalan Parliament has elected the 7 members of the Control Commission that will supervise the development of the 9^th of November's consultation vote on independence. This decision comes the day after Catalan authorities temporarily suspended the direct preparations for November's self-determination vote following the Constitutional Court’s decision to temporarily suspend the law and the decree on which they are based. However, a majority of the Parliament argue that electing the Control Commission would not be a direct action as it does not have any effect, according to the legal services report and previous sentences from the Constitutional Court. However, parties against November's consultation refused to participate in the Parliament's vote. On top of this, the People's Party (PP), which runs the Spanish Government, threatened to take the MPs who elected the Commission to justice.

People massively and peacefully gathered in front of each town hall in Catalonia on Tuesday evening in order to protest against the decision to suspend the self-determination consultation vote made by the Constitutional Court the day before. Citizen protests have been organised in each of the 947 municipalities in Catalonia, despite the heavy rain in parts of the territory. In Barcelona, for instance, thousands of people carrying umbrellas filled up Sant Jaume Square, where the City Council is located. The demonstrations were organised by the civil society association that were behind the massive rallies of September 2012, 2013 and 2014, the Catalan National Assembly (ANC) and Òmnium Cultural. These grass-roots organisations are not giving up and launched their own campaign for November's vote.