spanish constitutional court

The Catalan Government and Parliament will file allegations against the Constitutional Court's temporary suspension of the Law on Consultation Votes and the decree calling November's self-determination consultation vote. The temporary suspension was approved on Monday evening and entered into force this Tuesday morning. Despite the appeal against the Constitutional Court's action, the Catalan Government has decided to "temporarily" suspend the institutional campaign and direct preparations for the 9^th of November's consultation vote on Catalonia's political future. The Spokesperson of the Catalan Government and Minister for the Presidency, Francesc Homs, explained that such a decision was made "to prevent public employees from being backed into a corner", as the Spanish authorities could persecute them.  The left-wing parties clearly supporting independence – ERC and CUP – want to disobey the Court's temporary verdict, but the governing and centre-right CiU as well as the greens and post-communists ICV-EUiA want to continue with the vote's preparations wherever legally possible. In addition, thousands of people are demonstrating in front of Catalonia's town halls against the Constitutional Court's decision.

The Constitutional Court has accepted the Spanish Government's two appeals filed on Monday against the 9^th of November's self-determination vote decree and the Catalan Parliament's law on which it is based. This decision automatically means the temporary suspension of the law and the decree, a suspension which could be extended after 5 months should the Court not have yet reached a definitive verdict. In addition, it also suspends "the rest of actions" deriving from the law or the decree's implementation, including those taken "by third parties". The decision has been made in an urgent and non-scheduled plenary meeting, which was organised just 5 hours after the Spanish Government had filed the appeals. The Constitutional Court's plenary never meets on Mondays and its next meeting was scheduled for the 7^th of October. The President of the Catalan Government, Artur Mas, has criticised "the supersonic speed" by which the Court has met. Mas asked this body to act as "the referee of all and not only of a part".

The Spanish Government held an extraordinary meeting this Monday morning to approve the appeals against the Catalan Law on Consultation Votes and the decree calling the 9^th of November consultation vote. The Spanish PM, Mariano Rajoy, considered the Catalan measures to be "antidemocratic" and "an attempt against the rights of all Spaniards". The appeals were filed at 1:15 pm and, after this, the Constitutional Court announced it was holding an extraordinary meeting at 6:30 pm, instead of waiting until the next regular meeting, scheduled for the 7^th of October. Furthermore, the Spanish Government's main advisory body, the Council of State, gave their recommendation on Sunday evening to file the appeals. Such a recommendation came after the Spanish Government asked for it on Saturday morning, the first time in Spain's democratic history that such a body reacted so quickly. The Catalan Government advised Rajoy and the Constitutional Court to be very careful with their decisions, as they could make "the greatest mistake in Spain's democracy".

The person coordinating the Spanish Government's legal strategy and actions against Catalonia's self-determination consultation vote, which are supposed to be launched at any moment, has resigned a few hours after an announcement made by the Spanish Prime Minister, Mariano Rajoy. Spain's PM announced on Tuesday morning that the controversial reform of the Abortion Law, which was the main project of the Justice Minister, Alberto Ruiz-Gallardón, has been put aside because of a lack of "consensus". The announcement was made in the decisive week in which the Catalan Government is expected to call the independence vote and the Spanish Executive is expected to launch its legal actions against it, which have been precisely coordinated by Ruiz-Gallardón. In his resignation speech, the Justice Minister denied any connection with the Catalan situation.

The President of the Catalan Government, Artur Mas, is using his legal prerogatives to control the political tempo regarding the call of the 9^th of November's self-determination consultation vote and therefore the Spanish Government's immediate appeal against it. As if it were a chess play, Mas' tactic seems to follow a strategy based on gathering as much institutional support as possible throughout Catalonia and on disturbing the Spanish Government's already-prepared veto actions. After an 80% of the Catalan Parliament approved on Friday the Law on Consultation Votes (the legal tool to call the independence vote), everybody anticipated that Mas would enter it into force early this week and that he would immediately call the aforementioned vote. However, the Catalan President is using the legal procedures to make the calendar suit his best interests.

A two-third majority of the Catalan parliament has approved a motion supporting the self-determination consultation vote, scheduled on the 9^th of November, which has to take place "with all the possible democratic and participation guarantees". With this resolution, parties have reaffirmed their commitment to carry out this vote, which will very likely be banned by the Spanish authorities in the coming days. The parliamentary text has been approved with the support of 89 MPs of the 133 representatives who voted (since 2 were ill), a 66.9% majority. The resolution has been approved with the votes of the governing centre-right pro-Catalan state coalition CiU (which brings Liberals and Christian-Democrats together), the left-wing Catalan independence party ERC, the Catalan green socialist and post-communist coalition ICV-EUiA and the alternative and radical independence party CUP, as well as with 3 votes from rebel MPs of the Catalan Socialist Party (PSC). The rest of the PSC, the People's Party (PP) and Ciutadans (C's) have opposed the motion.

Catalonia's self-government might be suspended in the coming weeks if the Catalan authorities organise the self-determination consultation vote on the 9^th of November, suggested the Spanish Minister for Foreign Affairs, José Manuel García-Margallo. The week after 1.8 million Catalans formed an 11km-long mosaic to support November's non-binding vote, García-Margallo stated that the Spanish Executive will use "all the means at its disposal" to stop such a vote from happening; all the means "within the Law, but using all the Law", he added. A few hours later, before the Spanish Parliament, García-Margallo was asked about this statement, which he confirmed. He also dared to talk about an armed intervention but ruled out the possibility of "putting out the tanks", because "that does not seem to be within the Constitution". Catalonia's autonomy was restored in Autumn 1977 and it was one of the most essential pillars of Spain's democratic transition and of the Constitution approved in December 1978.

Spain's Prime Minister, Mariano Rajoy, told the Executive Board of the governing People's Party(PP) that he has "all the measures ready" to stop the Catalan self-determination vote from happening. However, Rajoy avoided giving details about such measures and disclosing specific plans. The Spanish PM emphasised that his stance on Catalonia's right to self-determination and the organisation of an independence vote has remained unchangeable for the last two years. Rajoy took pride in not having made any concession to the demands coming from Catalonia and not having sat around a negotiation table. In fact, the PP and the Spanish authorities are totally opposed to such a vote, imposing a restrictive interpretation of the Constitution to reject a demand that is shared by some 80% of the Catalan population. Furthermore, Rajoy has also confirmed that the Spanish Government will immediately appeal the Catalan Law on Consultation Votes, despite such a law having not yet been approved.

The President of the Catalan Government, Artur Mas, stated once again that the self-determination consultation vote will take place on the 9^th of November but he also added that "things have to be done in the right way". In front of businesspeople at an event of Barcelona's Chamber of Commerce, Mas stressed that "both things have to come together", meaning voting and doing things right. He underlined that "this means always respecting an existing legal framework". After the controversies on whether the vote should take place if the Constitutional Court bans it, Mas insisted that the call will be based on Catalan legislation and that the Court might not ban it in the end. Besides, he admitted that Catalonia's "freedom" would come with some economic costs, but that those of continuing in the current situation would be much higher. Mas also said that Pujol's scandal "will not affect" him or the Catalan Government.

The President of Catalonia, Artur Mas, held an exceptional meeting on Monday evening with all the Ministers, Deputy Ministers and Directors of the Government he chairs in order to prepare for the coming weeks, which are crucial in the self-determination process. Mas told the 200 people present about "his certainty" that "there will be a consultation vote, that he will call it and that people will vote", summed up Francesc Homs, Minister for the Presidency and Spokesperson for the Executive, at the end of the meeting. The President asked them to be "committed" and play "a leading role" within the self-determination vote instead of being "mere spectators or commenters", since "the country is ready". "Obviously this [the self-determination vote] is an operation including the entire country, and a lot of people, but the Government is also part of it in a very essentials way, and he asked us to honour this in such decisive times", added Homs.

On Friday Spain's Deputy Prime Minister, Soraya Sáenz de Santamaría, warned that the Catalan Law on Consultation Votes will be "automatically suspended" the moment the Spanish Government files an appeal against it. Furthermore, the Deputy PM added that such an appeal will be filed "immediately" after the law is approved by the Catalan Parliament. However, she recognised that the Catalan Government could act in a faster way and issue the decree calling for the self-determination vote – scheduled on the 9^th of November – before the Spanish Executive has filed the appeal. In any case, Sáenz de Santamaría highlighted that once the appeal is filed, both the law and the decree will be cancelled. Furthermore, she insisted on the obligation to respect the Constitution and the current legal framework, which is what provides the offices of those taking decisions in Catalonia and, ultimately, guarantees democracy.

With the aim to stop Catalonia's self-determination vote, the People's Party (PP) has confirmed that the Spanish Government is already preparing two appeals to the Constitutional Court against two legal measures that have not yet been approved. The Government chaired by Mariano Rajoy is preparing a first appeal against the Catalan Law on Consultation Votes, which should be approved in mid-September. This law will be the legal base for the self-determination vote, scheduled for the 9^th of November. Rajoy's second appeal is against the Catalan President's formal call to hold the independence consultation vote; a call that would be issued after the approval of the Consultation Vote Law. With these two appeals against two legal means that still do not exist, and whose exact wording is therefore still unknown, the Spanish Government is looking for the Constitutional Court to temporarily cancel the law and the call, and therefore stop November's vote from happening.

After doubts generated in the last few days around the possibility of postponing next November's independence vote and Tuesday's quarrel among the forces supporting self-determination, the President of the Catalan Government, Artur Mas, has cooled tensions down. On Wednesday, Mas emphasised that the Catalan Government's only plan is to vote on this 9^th of November, as was agreed among a wide majority of parties. In addition, he also asked the parties to put partisanship aside and "to take risks and [act] smartly". Mas stated that, if the Spanish authorities ban the self-determination vote, the reaction will be agreed among all the parties supporting such a vote. With these words, Mas rejected the idea that the Catalan Government will automatically postpone the vote if the Constitutional Court bans it, as was suggested on Tuesday by the Catalan Vice President, Joana Ortega. Her words and previous statements launched an immediate response from all the other parties which insisted that Catalans had to vote on that day.

Catalonia's National Alliance for Self-determination, which brings together some 3,000 entities including political parties, local governments, trade unions, employer associations, Chambers of commerce and NGOs, held on Friday its 3^rd meeting. The Alliance decided to send the Spanish Prime Minister, Mariano Rajoy, a letter to ask him not to block the self-determination vote scheduled for the 9^th of November, which would be organised under the Catalan legal framework. The document will highlight that the Constitutional Court stated that it did not have powers to solve issues arising from a part of Spain wanting to modify its political status and that "public powers, particularly the territorial ones" are those who have to solve it "through dialogue and cooperation". The letter will be sent in the coming days, ahead of the meeting between Rajoy and the President of the Catalan Government, Artur Mas. In this meeting, Mas will discuss this vote but also the institutional and social issues in Catalonia.

The Brussels-based Centre for European Policy Studies (CEPS) stated it cancelled a debate on the EU Membership of an independent Catalonia because they could not find a speaker arguing that Catalonia would be excluded from the EU. However, the Catalan Government and the Catalan Public Diplomacy Council (Diplocat) suspect the Spanish Government pressured the CEPS to cancel the debate, as it already tried to do with previous events. The Spanish Executive denied the accusations, which are also rejected by the CEPS. The event was organised weeks ago and was supposed to take place on Tuesday at 9.30am at the CEPS facilities, which is the most prestigious think tank in EU Affairs. It was "postponed" on Monday evening, just a few hours before it was due to start. A prestigious Constitutional expert, who advises the Catalan Government, Carles Viver i Pi-Sunyer, was supposed to present a report arguing that Catalonia would remain within the EU.