Catalonia/Spain:the dangerous road towards authoritarianism (original) (raw)
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e-ir.info-Catalonian Referendum Democracy Legality and the EUs Role.pdf
October 2017 started in Catalonia with a self-determination referendum deemed illegal by the Spanish government. In order to prevent the vote, following orders from Madrid, the police fired rubber bullets at unarmed protesters and smashed through the glass at polling places. The images irrupted and quickly spread around the world eroding the Spanish government’s legitimacy. During the following days the Catalan streets were taken by pro-independence as well as (for first time in a long time) by pro-unionist forces. The most intensive month lived by Spain and Catalonia in decades ended with Carles Puigdemont, president of the Generalitat (Catalan government) declaring the independence of the new Republic and the immediate answer of Spanish President Mariano Rajoy who dissolved the regional government and announced regional elections for December 21st. At the time of writing, part of the former government remains in prison while Puigdemont has moved to Belgium. This article explores what happened and why, discusses the limits of the confrontation between democracy (pro-independence main argument) and legality (pro-unionist main argument), the role of the European Union and, finally, what can result from the December elections.
Catalan Sovereignty in Practice: Referendum as resistance and the right to decide
PRIO Paper, 2017
In the past few years, opinion polls in Catalonia have shown a dramatic increase in the number of people who favor the independence of Catalonia from Spain. As of November 2014, almost four out of five Catalans expressed support for organizing a referendum on Catalan self-determination, as did a large number of non-governmental organizations in Catalonia. This paper discusses how sovereignty is asserted, contested, and disputed in Catalonia, and what happened on 9 November 2014, when more than two million citizens went to the polls to vote on the independence of Catalonia in a referendum deemed illegal by the Spanish authorities. When the Spanish government denied the Catalans the opportunity to organise a legal referendum, a majority of Catalans decided to defy the authorities of Spain and exercise what they viewed as their 'right to decide'. The exact turnout to the referendum could not be established, but according to figures provided by the Catalan government 2,305,290 votes were cast on the day of the referendum, of which 80.8% were in support of an independent Catalan state. As argued here, the 2014 Catalan referendum was a performance of simulated sovereignty, as confirmed by subsequent events in which Spanish courts exercised their real sovereignty by taking legal action against the Catalan President Artur Mas and two counsellors for organizing the referendum. Regardless of the legal or political consequences, a 'real' referendum is scheduled for September 2017. The Spanish Government, on its part, has announced that it is open to negotiate on any issue, except the organization of a referendum.
Thinking about the Political Situation in Catalonia
IAFOR Journal of Cultural Studies 4, Issue 1, 2019
Catalan Separatism is, above all, a peaceful movement for self-government, defending the capacity for taking decisions as a nation, as a State, in an inclusive way. It defends sovereignty in all aspects, including income generated in Catalonia, and the distribution of wealth. The Spanish transition after 1975 failed to encourage the construction of a pluralist State, and the autonomic framework has proved to be unsatisfactory. The reluctance of some parties in the government to give more autonomy to Catalonia, especially in the last ten years, and to recognise it as a nation, has led to a significant increase in Catalan independence supporters. Extreme right-wing movements have emerged recently, defending the unity of Spain and attacking democracy, not only in Catalonia, and their sometimes violent riots are tolerated more permissively by Spanish authorities than actions in favour of Catalan prisoners on remand. The conflict is a challenge to the idea of Spain as it is now and also an occasion to think about what kind of political framework Europe offers to its members. Europe should perhaps offer more flexibility to communities having different languages and cultures, and therefore, the Catalan crisis is an opportunity to imagine a new European order.
In light of constitutional constraints materialized in the 2010 Constitutional Court decision on the Statute of Autonomy, in the midst of an economic crisis and facing outbidding by other nationalist forces, the Catalonian government has moved from seeking autonomy reform through constitutional channels towards partition via a referendum on self-determination. Facing considerable legal and political obstacles, it has resorted to creating facts on the ground to achieve international legitimacy. Its justiication is a far-fetched narrative on the "right to decide" based on an arguable "duty to negotiate" of the Spanish government with a territory where a signiicant part of the population desires independence (expressed through mass demonstrations and votes for nationalist parties). Such narrative mobilizes voters on the idea that unilateral secession is an internationally sanctioned right and that EU accession will be unproblematic. This understanding of self-determination is at odds both with the 1978 Constitution and international norms. To prevent a vicious circle of groundless demands and central immobilism leading to uncertainty, a strategy of reasonable accommodation and reform is proposed, exploring more lexible understandings and arrangements concerning sovereignty, autonomy and self-determination José-María Arraiza, former Senior Adviser to the OSCE High Commissioner on National Minorities and the OSCE Mission in Kosovo; L.L.M. Peace Support Operations (NUI Galway); E.MA Human Rights and Democratisation (European
Contested Sovereignty and Conflict: Between Spain and Catalonia
Russian Law Journal
This paper examines the Catalonia-Spain trajectory. Quite recently, the region of Catalonia became known for its sovereignty demand, which has strained relations with Spain its host state. Economic grievances, nationalism, and political disillusionment are some of the explanations given for the growing secessionist moves in the region. Apart from this, other reasons identified include strained historical ties, class struggle, the erosion of its autonomous region by General Francisco Franco and the subsequent demand for selfdetermination by separatists. An issue that runs through this work is the refusal of the Spanish government to concede to this separatist’s demand which has deteriorated any negotiations for dialogue. However, the Spanish government has announced that it is open to negotiate anything except a referendum. Furthermore, based on the reaction of the Spanish government, the 2014 referendum held by the Catalans seems to be nonconclusive. This study, therefore seeks to e...
Catalonia: Self-Determination, Secession, and Integration
Benedikt C. Harzl & Roman Petrov (eds.) Unrecognized Entities: Perspectives in International, European and Constitutional Law, 2021
In the fall of 2017, the Parliament of Catalonia passed the Self-Determination Referendum Act and the Legal Transition and Foundation of the Republic Act. The first act called a unilateral referendum of independence, whereas the second act was a provisional constitutional framework for an independent Catalonia. While I have addressed the issue of State coercion at length elsewhere, my chapter in "Unrecognized Entities: Perspectives in International, European and Constitutional Law" will focus on the circumstances of the Self-Determination Referendum Act and on the design of the Legal Transition Act, which has not received much academic thought. The second part of my contribution will concentrate on self-determination and secession in the European Union.
The Catalan crisis is about politics, not constitutional law – and it requires a political solution
EUROPP European Politics and Policy (London School of Economics and Political Science Blog) The Catalan crisis is about politics, not constitutional law – and it requires a political solution blogs.lse.ac.uk/europpblog/2017/10/01/the-catalan-crisis-is-about-politics-not-constitutional-law-and-it-requires-apolitical -solution/ The Spanish government regards the planned Catalan independence referendum as being unconstitutional, but supporters of the referendum have argued that Catalonia should have a legal right to hold the vote. Domenico Giannino states that although both sides have made legal arguments, it is a situation that can only be solved by political negotiations. The crisis also demonstrates a wider process under which national authorities are increasingly finding their powers constrained by the actions of both supranational and subnational actors.
Self-Determination and Coercion in Spain. The Case of Catalonia
Revista d'Estudis Autonòmics i Federals - Journal of Self-Government, 2021
Catalonia remains part of Spain despite the unilateral referendum and declaration of independence that took place in October 2017. This article will explore how the central authorities blocked Catalan attempts at self-determination and secession, as well as the consequences of these actions and reactions. Internal and external self-determination in Spain to better understand the move towards unilateralism, and the application of both constitutional and criminal law responses in the subsequent central coercion, will be examined. As regards the consequences, the secession project today seems more unattainable and the project of union less attractive.
The case of Catalonia: understanding the political use of de facto independence referendums
London School of Economics and Political Science, 2020
Independence referendums are comparatively rare-and even more so when conducted without the approval of the relevant central government. Jaume López and Marc Sanjaume-Calvet assess the case of Catalonia in 2017, and how the differing strategic priorities and culture of Spanish and Catalonian governments led to the referendum, repressive countermeasures and resulting stalemate.