Catalan self-determination referendum

The Catalan regional government intends on 9 November 2014, a referendum on the political future of Catalonia (Catalan referendum d' autodeterminació de Catalunya) hold.

The citizens of Catalonia, will be submitted to the following question in the referendum: "Do you want that from Catalonia a country is? " Who can answer this question with " yes ", are set to speak to a second question, namely: " Do you want this state is independent? " The referendum is to be consultative ( plebiscite ), is thus exert no direct legal effects.

The compatibility of such a referendum with the Spanish Constitution is controversial. Even if one assumes the constitutionality, there is currently no legal way that would allow the holding of a referendum in Catalonia without the prior consent of the Spanish Parliament. Since both the Spanish government and the two main Spanish parties ( the ruling conservative PP and the Social Democratic opposition PSOE ) reject the holding of the referendum, it is questionable whether they will actually take place.

Status quo

Since 1979, the Catalonia region has the status of an Autonomous Community. The Autonomous Communities are comparable in their competence facilities with the German federal states and also have far-reaching legislative powers. However, it is with them not to individual states, since Spain is not a federal state.

The political institutions of Catalonia are summarized under the traditional name Generalitat de Catalunya and the Regional Parliament include ( Parliament de Catalunya), by the latter elected Prime Minister ( President de la Generalitat ) and from this formed government ( Govern ).

Statute of Autonomy of 2006, the Constitutional Court

2006 was entered into force for the region of Catalonia, a new autonomy statute. The Statutes of Autonomy is the "Constitutions " of the Autonomous Communities, in particular, they are responsible for the distribution of powers between the Spanish State and the regions of significance. The adoption and amendment of the autonomy statutes requires the approval of both the respective Regional Parliament and of the Spanish Parliament and in the case of Catalonia, the subsequent adoption in a referendum in the region.

In the referendum of 18 June 2006, 73.9 % of the voters were ( in a vote share of 49 %) for the new statute.

Against the new Statute of Autonomy to set up a judicial review application by the conservative PP in which these doubted the constitutionality of 114 of the 223 articles of the laws work. The judgment of the Constitutional Court was announced after such a period of four years until 28 June 2010. In this, while the Court stated only 14 provisions of the autonomy statute unconstitutional and intended for 27 more, as they were constitutionally interpreted and dismissed the petition from the remainder. However, it was criticized by much of the public opinion in Catalonia.

Developments in the IX. Legislature of the Regional Parliament (2010-2012)

In November 2010, a new regional parliament was elected in Catalonia and a minority government of the Catalan CiU under civil Artur Mas dissolved the ruling left-wing coalition since 2003 from PSC, ERC and ICV EUiA from.

Conditioned by the economic and financial crisis came to a head in this legislative period the differences between the Spanish Government and the Government of Catalonia, especially after in November 2011 in Madrid, the conservative PP was replaced with Prime Minister Mariano Rajoy, the Socialist PSOE in government. Thus, Rajoy refused to enter into negotiations on a financial special Catalonia (similar to the Basque Country and Navarre; see financial relations between the State and the Autonomous Communities ) to enter.

On September 11, 2012, the National Day of Catalonia, held in Barcelona under the slogan " Catalunya nou Estat d'Europa " ( " Catalonia, a new state in Europe " ), a demonstration of the independence movement instead. The influx exceeded expectations considerably. The number of participants was ( depending on the source ) 600000-2 million ( ie 8-25 % of the total population of the Region). The next day, Prime Minister Artur Mas expressed in an official statement that the time had come to provide Catalonia with " state structures ".

In the general debate on the policies of his government Mas announced on 25 September 2012 in the regional parliament to convene new elections for November 25, 2012. He justified this with the exceptional situation, which was the mass demonstration on 11 September and the refusal of the Spanish Prime Minister Mariano Rajoy (PP ) to enter into negotiations on the pacto fiscal emerged. In this debate, the regional parliament (the remaining members of the PSC) adopted by 84 votes ( CiU, ICV, EUiA, ERC and two Catalan- nationalist groups as well as a deputy of the PSC) with 21 votes against ( PP and Ciutadans ) and 25 abstentions a resolution to, which states:

" El Parliament de Catalunya constata la que el necessitat poble de Catalunya Pugui determinar lliurement i el seu democràticament futur col · lectiu i insta el govern a fer una consulta prioritàriament dins la proxima Legislatura. "

"The Parliament of Catalonia states the need for the people of Catalonia decide freely and democratically about its collective future and requests the Government to perform here on a referendum, preferably in the next legislature. "

According to the history of the election campaign was dominated by the theme of the future relationship of Catalonia to Spain: The ERC openly advocated independence from Spain, while the CiU in its election manifesto, although the use of the term "independence" avoided, but from an " own state " language in the European Union. The PSC, however, advocated the whereabouts in Spain and its transformation into a federal state, while the PP wanted to retain the existing autonomy arrangements.

After the election, sets the Catalan regional parliament as follows:

• Parties who had voted in September 2012 for the resolution: CiU 50 MPs (-12); ERC 21 deputies ( 11); ICV EUiA 13 MPs ( 3); added the newly drawn into parliament alternatively left - Catalan CUP, the referendum and independence of Catalonia approves, with 3 members
• The PSC, which had abstained in September 2012, with 20 deputies (-8)
• Parties who had voted in September 2012 against the resolution: PP 19 MPs ( 1) and Ciutadans (Cs) 9 MPs ( 6)

Developments in X. legislature of the Regional Parliament ( from 2012)

After the election, the Catalan Civil CiU and the ERC linkskatalanische entered into negotiations over a toleration agreement. In this they agreed to initiate a process that will culminate in a referendum about it as possible in 2014 if a "state within a European framework " is to become of Catalonia. Then, Artur Mas was elected with the votes of the ERC again as Prime Minister of a minority government CiU.

On January 23, 2013, the Regional Parliament subsequently adopted a resolution in which it, inter alia, states that " the people of Catalonia, for reasons of democratic legitimacy, the character of a sovereign political and legal subject has " and in the decision to hold a referendum reaffirmed. The resolution was adopted with 85 votes ( CiU, ERC, ICV EUiA and a deputy of the CUP), 41 deputies ( 15 of the PSC, 17 of the PP and the 9 members of Ciutadans ) voted against. Two deputies of the CUP abstained. Two deputies of the PP were not present due to illness and five Members of the PSC participated in protest against the line of their party did not participate in the vote.

In February 2013, the regional government commissioned the action within its Institut d'Estudis Autonomics to draw up an opinion on the legal possibilities of convening a referendum, which was submitted on 11 March 2013.

In addition, the regional government created in March 2013 the Consell Assessor by a la transició Nacional. Task of this committee is the legal and policy advice to the regional government on the path of " national transition" and the " exercise of self-determination " by the referendum.

On December 12, 2013 Artur Mas announced together with representatives of the parties CiU, ERC, ICV EUiA and CUP that the implementation of the referendum held on November 9, 2014 will be sought. The question should be: " Do you want that from Catalonia a country is " Who can answer this question with " yes ", are set to speak to a second question, namely: "Do you want that this state is independent? "

In total Spanish level, the central government in Madrid, the conservative PP but also the social democratic opposition PSOE declared then to refuse any such referendum, which is questionable whether it is actually performed.

Legal ways of realization of the referendum

The opinion of the Institut d' Estudis Autonomics from March 11, 2013 designated five possible ways of convening and holding of the referendum:

• Holding on the basis of the Catalan " Law on referendums by referendum ." Against this law, a judicial review procedure runs before the Constitutional Court. However, the court annulled the initial provisional suspension of the law, so that it is currently active and in force ( as long as the court does not make any different decision ). However, even after this law requires the holding of a referendum to the prior approval of the central government in Madrid, which is currently not expected.

• Holding on the basis of Article 92 of the Spanish Constitution. According to this constitutional provision "political decisions of particular significance" can be subjected to a consultative referendum. The initiative to hold a referendum in this way would, however, come from the central government and subsequently endorsed by the Spanish Parliament. Both are not expected. Furthermore, Article 92 of the Constitution provides that the decision is subjected to a consultative referendum " all citizens " and therefore is constitutionally debatable whether it allows the holding of a plebiscite in only one region (and not in the whole of Spain ) at all.

• Transfer of responsibility for the convening and holding of a referendum by the State to the region on the basis of Article 150 of the Spanish Constitution. This provision allows the Spanish government, the exercise of which he is entitled by law to transfer competencies to individual Autonomous Communities. This solution would thus have the advantage that constitutional competence problems per se might not show up. The design of such a transfer law could also be introduced by the Catalan regional parliament, but is not expected due to the majority in the Spanish Parliament that it would also adopted by this or indeed only adopted for further consultation.

• Constitutional amendment that expressly provides for the holding of referendums at the level of regions. Even with this solution competence legal problems would be solved. However, also in this respect can not be expected that such a constitutional amendment in the Spanish Parliament would find the required majority.

• Holding on the basis of a Catalan " Law on non- referendielle referendums and citizen participation ." The draft of such a law is currently in the Catalan Parliament in the legislative process and sees some kind of involvement of the central government in the process of convening and holding of a "non- referendiellen referendum " not before. This would allow the only one of the five ways in which the Catalan institutions the process entirely self had in his hand. If the bill is passed by the Catalan Parliament, is likely, however, that it would be challenged in the Constitutional Court and probably suspended from this provisional basis pending a final decision. Because the fine distinction between a "non- referendiellen referendum " and a referendum, which makes this bill is constitutionally probably not an easy problem.

In addition to the question on which legal way a referendum in Catalonia could be scheduled, there is the further question whether the specific, intended by the parties question would then be constitutionally permitted, as in Article 2 of the Spanish Constitution " the indissoluble unity the Spanish nation " is postulated.

Current status ( as of 2014 )

On January 16, 2014, the Catalan Parliament decided to take the path on Article 150 of the Spanish Constitution. It decided at the Spanish Parliament a bill to introduce. Then this is the region of Catalonia transfer the competence for it, " a consultative referendum in which explain the Catalans on the collective political future of Catalonia, to approve to convene and conduct ".

The bill was adopted with 87 votes ( CiU, ERC, ICV EUiA and three members of the PSC). 43 MPs voted against it (PP, Ciutadans and 16 of the PSC). The three members of the CUP abstained (though the CUP also supported the referendum, but believes it to be no involvement of Madrid requirement). A deputy of the PSC had resigned his seat in protest against the party line on the day before the vote and his seat was not refilled again, a deputy of the PP was absent on sick leave.

A specific question that is to be presented to the citizens in the referendum, the bill does not contain. Rather, it is to be held on the basis of the conditions that are to be agreed with the central government in Madrid yet ( including the specific question belongs ). A specific date for the holding is not provided for in the bill, but it does mean that there is still to take place in 2014 and not allowed to fall on a day of high political symbolism, which, for example, the Spanish (12th October) and the Catalan National Day (11 September ) is not likely to come into question.

This bill was sent to the Spanish Congress of Deputies for consideration. Meanwhile, the Bureau has forwarded him on 21 January 2014 the government to comment. The date for the treatment April 8th, 2014 has been scheduled. In the event of rejection Mas brought the holding of early elections in Catalonia and a unilateral declaration of independence on 23 April 2015 the feast day of the patron saint of Catalan Sant Jordi, this week. Defence Minister and Foreign Minister Morenes Margallo and the chairman of the Catalan national association of PP, Sánchez- Camacho rejected such considerations with sharp words. Both sides drew parallels to the international legality in his controversial referendum on independence in the Crimea on 16 March 2014.

On February 3, 2014 Another bill with the same wording was additionally introduced by the 21 members of CiU, ERC and ICV EUiA in the Spanish Congress of Deputies, which was also initially forwarded in accordance with the Rules of Procedure of the Parliament of the Government to comment. This second bill was introduced, because, according to the work plan of the House of Representatives this will be advised faster than that of the Catalan Parliament.

In a judgment of 25 March 2014, the Spanish Constitutional Court declared the resolution passed by the Catalan Parliament on January 23, 2013 to the extent unconstitutional and void, as there is talk of Catalonia as a "sovereign political and legal subject." The ruling also means

On behalf of the CiU said their group spokesman in the Catalan Parliament, Jordi Turull, they would not respect the verdict. Even before the independence movement ANC had announced for the following weeks permanent publicity measures such as mass demonstrations and human chains to make it clear that it constitutes a democratically supported Unabhängigkeitsbestrebung.

Positions of political parties

The parties represented in the regional parliament of Catalonia represent the following positions for Catalonia 's political future and the referendum:

CiU: There is a party association of the two independent bourgeois parties CDC ( liberal ) and UDC ( Christian Democrat ). Both parties support the referendum. Prime Minister Artur Mas (Chairman of the CDC) has announced its intention to vote in the referendum to both questions is "yes ". The chairman of the UDC, Josep Antoni Duran i Lleida, represents the model of a confederation of Spain and Catalonia. Both parties wish Catalonia member of the EU remains or is.

ERC: The left Catalan party supports the referendum and the independence of Catalonia as a member state of the EU. In the long run the ERC wants a pan - Catalan state consisting of the Autonomous Communities of Catalonia, Valencia and the Balearic Islands, parts of the Autonomous Community of Aragon ( Franja de Aragón ) and located in the south of France Northern Catalonia ( Pankatalanismus ).

PSC: It is the Catalan sister party, the Spanish Socialist PSOE. The official party line is, to advocate a referendum, as far as this is in line with the Spanish Constitution and a common understanding on their holding with the central government in Madrid is achieved. Content, the party advocated a federal solution. However, there is also a " katalanistischer " sector in the party, which advocates independence.

PP: The Catalan regional association of the total Spanish conservative PP rejects a referendum and advocates maintaining the status quo. In some cases, however, an improved funding of the region is required.

ICV EUiA: The ICV is a Catalan- eco-socialist party that EUiA the Regional Association of total Spanish Left Party IU. Both parties appear for a long time to elections together and form a common fraction. They advocate self-determination for Catalonia and the referendum. As for the political future of Catalonia ranging views of a federalist solution up to independence. An official party line does not exist on this issue.

Ciutadans (C 's): This group sees itself as a non- Catalan- nationalist center-left party. It rejects a self-determination referendum in Catalonia, a Spanish state and supports the current model of the Autonomous Communities. However, this should be "completed" by a final fixation of demarcation.

CUP: This anti-capitalist - Catalan party supports the referendum and - as the ERC - the independence of a pan - Catalan nation. This should not be a member of the EU, which is rejected in its present form as a tool of big business.