Recognition and political accommodation: from regionalism to secessionism. The Catalan case (original) (raw)

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.

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...

"Constitutional Change Without Constitutional Reform: Spanish Federalism and the Revision of Catalonia's Statute of Autonomy"

Publius-the Journal of Federalism, 2009

This article analyzes the constitutional change in federations that is driven by the bottom-up reform of subnational units' constitutional arrangements as an alternative to the reforms of the federal constitution. Looking at the case of Catalonia's recent reform of its statute of autonomy, it discusses and evaluates some of the benefits and pitfalls of the utilization of substantial subnational constitutional discretion and the likely consequences of this mode of reform for the Spanish model of federalism and others. This is done through the study of the initiation of the Catalan reform process, its content and scope, and through the investigation of the political and institutional factors that account for its occurrence and final outcomes.

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.

Catalonia: Federalism or Secession

Is there a political space for a possible federal accommodation of the demands of self-government in Catalonia and how is it configured? In order to answer these questions, we address first the conceptualization of federalism, and then, from an evolutionary perspective, we focus on the "Catalan issue" and its institutional outputs. The general assumption, in political and media discourse, namely, that "being in favour of the independence process", "wanting to separate from Spain" and "being nationalist" constitute a single argument and mean exactly the same, has served to conceal a debate that is very complex, plural and full of nuances. We pose an analysis that pivots on the identity question and the type of political-territorial solution, the importance of the different leaderships in the process and the party identification with respect to the constructive nature of the political preferences of the electors and their positioning on the issues.