A legal analysis by Constitutional Law professor Marcel Mateu: 'The connivance of some will be required before several of these measures can be implemented, so there is no guarantee of that'
PM Rajoy’s government has decided to wipe out Catalonia’s self-rule by resorting to an ad-hoc interpretation of Article 155 [of the Spanish Constitution] in what constitutes a modern version of the 18th century Nueva Planta decrees. They have given themselves carte blanche, ignoring the Spanish constitution and Catalonia’s Statute. With the PSOE and Ciudadanos as its accessories, the PP government has unilaterally razed Spain’s system of autonomous regions by replacing some of the pillars that held the edifice of devolution and stripping Catalonia of what little political power it still had.
In fact, Madrid’s euphemistic monitoring of Catalonia’s finances —brought in a few weeks ago— had already dealt a deadly blow to the political nature of Catalan autonomy, and now they have administered the coup de grâce by twisting Article 155 of the Constitution to pretend that it says precisely the opposite of what it states. Article 155 allows the Spanish government to “issue instructions” to any regional authorities (and that’s something!), but it does not exempt it from obeying the law and, therefore, any steps taken by Madrid and any instructions given must be lawful. And every measure announced by the Spanish cabinet contravenes Catalonia’s Statute, which is, in itself, a fundamental law of the Spanish State.
The Catalan Statute establishes that the president of the Generalitat must be an elected MP voted in by his or her fellow law-makers (Article 67.2) and among the possible reasons for their dismissal (Article 67.7) there is no mention of being removed from office by the Spanish prime minister or by a majority vote in Madrid’s senate. Only the president of the Generalitat may appoint or dismiss a cabinet minister (Article 17.1 of Law 13/2008). Calling a snap election is a political decision which the Statute reserves exclusively to the president (Article 75). This power is personal and cannot be transferred or delegated, as it is not within the purview of the president to do so. Furthermore, in the event of the president’s death or impeachment —following a sentence by a court of law—, the interim president (the vice president) would not be allowed to dissolve the parliament ( Article 67.8 ). Rather, in that eventuality a new president would need to be picked by the Catalan chamber among the sitting MPs. Catalonia’s is the only government that can rule the Generalitat (Article 68.1)
As established by the Statute that has recently been butchered, the Spanish government may not veto the Catalan parliament’s activities, nor its powers to legislate, administer Catalonia’s finances and oversee the government’s policies (Article 55.2). These are only a few examples, but you could argue the same about commanding the Catalan police force and managing the public broadcasting corporation. What the Spanish government has done constitutes, in fact, an amendment of the Statute on the sly, ignoring every procedure enshrined in the Statute itself (Articles 222 and 223).
Once the measures adopted by the Spanish government have been approved by Madrid’s Senate, they will seek to implement them. But to actually set some of them in motion will require a modicum of cooperation that they won’t necessarily obtain, such as that of most Generalitat civil servants. Besides, if the general public in Catalonia massively protests these measures and they persevere in their protest, some will never be effectively applied and that might show that the Spanish government is no longer in control of the Catalan territory. The world might witness Spain’s inability to exercise its sovereign powers over Catalonia. And so, it might all backfire on them.
The Spanish government’s decision to invoke Article 155 in such a blatantly unlawful, unconstitutional manner leaves the Catalan Parliament but one dignified way forward: to formally declare independence (as established in the self-determination referendum law), which would automatically trigger two responses: the enactment of the law that will serve as a provisional constitution for Catalonia (the foundational law of legal transition of the Republic) and the start of the constituent process. Within six months.
It is not the first time that the Spanish government and other bodies claim to be upholding the law and the constitution when they are actually violating it flagrantly. The arrest of Jordi Cuixart and Jordi Sànchez is the latest example. But now Rajoy’s government has knocked down the master walls not merely of Spain’s regional system, but of the rule of law and, therefore, of Spanish democracy. Catalans should vacate the premises before the building collapses.
And now the PP has threatened the Basque Country that it 'has the "ingredients" to reach the "same situation"as #Catalonia.'‼️
Ya veo que me estas poniendo articulos en español MichaelC y por mi bien, pero por el beneficio del "forum" te voy a contestar en inglés
With regards the "mud slinging" ABC article (one of Spain's most reacionary right-wing newspapers), remember that all these budget funds are audited and agreed by the Spanish state, exactly the same as all the other Spainsh Autonomies, but if you were to look into those of the Madrid or Valencian Communities you really would be scandalised!
The exterior promotion of Catalunya also benefits Spain. However, if you want to be an independent nation it's best to start thinking and acting as if you already were one.
The attack on Catalan language and culture is particularly pathetic when Spain has so many distictive cultures from the Basque to the Galician to the Andalucian (which the almost culture-less Madrid-centric Spanish state has adopted as its own) and especially when their promotion and protection is enshrined in the "sacred" Constitution.
As for all the companies "fleeing" Catalunya, these are politically motivated HQ plaque moves to Central Spain with the purpose of depriving Catalunya of tax receipts and bankrupting it. When you have the King phoning up VW and urging them to move out of Catalunya, it certainly puts the usefulness of the monarchy into sharp focus. But if Catalunya did become independent what would these companies do? Leave taking their factories and offices with them?
To get an idea of the scale of this "exodus" of 1,302 companies out of the 606.512 companies in Catalunya, here are the statistics -
Anyway, here's the latest "propaganda" from the Agencia Catalana de Noticias (ACN)" 'a public company of the Generalitat and as a result directly controlled by the «Govern»'. Part of their 'annual cost of more than 3 million Euros'
Get it while you still can!
Then again, if you want a different view, you could just read the ABC
I believe what’s currently happening in Spain represents a crucial microcosm for what we’ll see sweep across the entire planet over the next ten years. Some of you will want to have a discussion about who’s right and who’s wrong in this particular affair, but that’s besides the point. It doesn’t matter which side you favor, what matters is that Madrid/Catalonia is an example of the forces of centralization duking it out with forces of decentralization.
Madrid represents the nation-state as we know it, with its leaders claiming Spain is forever indivisible according to the constitution. Madrid has essentially proclaimed there’s no possible avenue to independence from a centralized Spain even if various regions decide in large number they wish to be independent. This sort of attitude will be seen as unacceptable and primitive by increasingly large numbers of humans in the years ahead. Catalonia should be seen as a canary in the coal mine. The forces of decentralization are rising, but entrenched centralized institutions and the bureaucrats running them will become increasingly terrified, panicked and oppressive.
As I’ve discussed, this isn’t coming out of nowhere. Humanity’s current established centralized institutions and nation-states have become clownishly corrupt, merely existing to protect and enrich the powerful/connected as opposed to benefiting the population at large. As such, legitimacy has been shattered and people have begun to demand a new way. Whether we see this with the rising popularity of Bitcoin, or the UK decision to leave the EU, evidence is everywhere and we’ve already passed the point of no return. This is precisely why EU leaders are rallying around Madrid. They’re scared to death and fear they might be next. They’re probably right. https://libertyblitzkrieg.com/2017/10/23/if-you-want-to-understand-the-next-10-years-study-spain/ _________________ Vaut mieux prévenir que guérir.
MichaelC - That really sucks. What a bunch of scumbags the bosses of that company are! Let's hope it's just politcal posturing and they don't have any real intention of carrying out their threat.
I don't know what kind of business you're in but you have to wonder though if it makes economic sense. The Spanish Government are offering assistance to companies who leave, but how much? Does it compensate them?
And if they leave do they take their customers with them or do they leave a gap in the market and create possible opportunities from others in Catalunya?
Well, either way, I guess we're about to find out -
Catalunya just declared Independence! UDI!
This is a coup d'etat, like in the 3rd world.
Many of the best companies are moving out due to, for starters, the anti-business excessive regulation local government. Madrid is more free market, for example any business can operate 24/7 if it wants to, here in Barcelona there are strict opening hours, a frozen labor market, all must be closed on Sunday except bars and restaurants. If this thing stands then they will be answerable only to themselves, they will rule by edict as they always have except now we will not be able to appeal to the Spanish courts.
The Spanish government is bad but the Catalan government is worse.
The only positive is that I won't have to pay taxes to Spain?
And the negative.....when I try to sell my flat and send the money to a safe country the price will have dropped by 50%.
Does not sound like a good deal.
Hopefully Rajoy will have the balls to arrest the fuckers and stop this by military force if necessary.
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