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The Statute of Autonomy of Catalonia of 2006 () provides Catalonia's basic institutional regulations under the
Spanish Constitution of 1978 The Spanish Constitution () is the supreme law of the Kingdom of Spain. It was enacted after its approval in 1978 in a constitutional referendum; it represents the culmination of the Spanish transition to democracy. The current version was a ...
. It defines the rights and obligations of the citizens of
Catalonia Catalonia is an autonomous community of Spain, designated as a ''nationalities and regions of Spain, nationality'' by its Statute of Autonomy of Catalonia of 2006, Statute of Autonomy. Most of its territory (except the Val d'Aran) is situate ...
, the political institutions of the Catalan community, their powers and relations with the rest of
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
and the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, and the financing of the
Government of Catalonia The Generalitat de Catalunya (; ; ), or the Government of Catalonia, is the institutional system by which Catalonia is self-governed as an autonomous community of Spain. It is made up of the Parliament of Catalonia, the President of the Govern ...
. This Law was passed by Spanish Parliament on 19 July 2006 and approved by
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
of the citizens of Catalonia on 18 June 2006 and replaced the 1979 Statute of Sau. The new statute sought to achieve clarification of powers and their protection from encroachment by the State, increased executive, legislative and fiscal powers and the recognition of Catalan nationhood. Although turnout at the referendum was low at 49.4%, approval was given by 73.9% and came into effect 9 August 2006. The then opposition party in Spanish Parliament, the People's Party (PP), appealed immediately to the
Constitutional Court of Spain The Constitutional Court () is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part I ...
on grounds of
unconstitutionality In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applica ...
of more than half of the Law. Four years after the Statute had been promulgated, on 28 June 2010, the Court made its judgement, annulling 14 articles and dictating the interpretation for 27 more. That led to a massive demonstration in Barcelona of more than a million people and, ultimately a consultation on self-determination in 2014 and the constitutional crisis of 2017-2018.


History

In 1919, a first
Statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
was drafted by the
Commonwealth of Catalonia The Commonwealth of Catalonia (, ) was a deliberative assembly made up of the councillors of the four provinces of Catalonia. Promoted in its final stages of gestation by the Regionalist League of Catalonia, it was strongly endorsed by municip ...
although it was rejected by Spanish ''
Cortes Generales The (; ) are the Bicameralism, bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house) and the Senate of Spain, Senate (the upper house). The Congress of Deputies meets in the Palacio de las Cortes, ...
''. In 1928, a draft Constitution was written in
Havana Havana (; ) is the capital and largest city of Cuba. The heart of La Habana Province, Havana is the country's main port and commercial center.Statute of Autonomy in 1932, during the
Second Spanish Republic The Spanish Republic (), commonly known as the Second Spanish Republic (), was the form of democratic government in Spain from 1931 to 1939. The Republic was proclaimed on 14 April 1931 after the deposition of Alfonso XIII, King Alfonso XIII. ...
. This law was abolished by General
Francisco Franco Francisco Franco Bahamonde (born Francisco Paulino Hermenegildo Teódulo Franco Bahamonde; 4 December 1892 – 20 November 1975) was a Spanish general and dictator who led the Nationalist faction (Spanish Civil War), Nationalist forces i ...
after the
Spanish Civil War The Spanish Civil War () was a military conflict fought from 1936 to 1939 between the Republican faction (Spanish Civil War), Republicans and the Nationalist faction (Spanish Civil War), Nationalists. Republicans were loyal to the Left-wing p ...
, largely because Catalonia had been a region generally opposed to Franco's ''Nacionales'' forces. During periods of his rule, public usage of the Catalan language and culture, and more specifically, Catalan self-government were harshly suppressed. In 1979, during the
Spanish transition to democracy The Spanish transition to democracy, known in Spain as (; ) or (), is a period of History of Spain, modern Spanish history encompassing the regime change that moved from the Francoist dictatorship to the consolidation of a parliamentary system ...
, the second Statute was approved by referendum. On 18 June 2006, a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
approved a new statute that had been passed into law by the Spanish Parliament and it thus became effective on 9 August 2006.


Amendment process

In 2003, an uneasy left-wing coalition formed government in Catalonia and set a goal to amend the Statute of Autonomy. As the Constitution had not set clearly defined methods for power sharing, particularly over shared jurisdiction or powers, there had been major conflict as the real power in Catalonia (as in other communities) depended upon how far the State wanted to legislate. Since 1982, the PSOE and later the PP pursued policies to temper enthusiasm for devolution and instead sought to harmonise the powers devolved to all autonomous communities. This was interpreted by the 'historic nationalities' of Catalonia and the Basque Country as the re-imposition of centralist control from Madrid particularly after a landmark ruling of the Constitutional Court upheld the prerogative of the central government to use Basic Laws to encroach upon devolved jurisdictional powers to promote and protect 'the national interest' of the Spanish state. On 30 September 2005, the
Catalan Parliament The Parliament of Catalonia (, ; ; ) is the unicameral legislature of the autonomous community of Catalonia. The Parliament is currently made up of 135 members, known as deputies (//), who are elected for four-year terms or after extraordinary ...
approved (with the support of 120
deputies A legislator, or lawmaker, is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people, but they can be appointed, or hereditary. Legislatures may be supra-nati ...
to 15) a new draft Statute of Autonomy. The approved proposal was sent to the
Cortes Generales The (; ) are the Bicameralism, bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house) and the Senate of Spain, Senate (the upper house). The Congress of Deputies meets in the Palacio de las Cortes, ...
(Spain's parliament) on 2 November 2005. After receiving the proposal the
Spanish Congress of Deputies The Congress of Deputies () is the lower house of the , Spain's legislative branch, the upper house being the Senate of Spain, Senate. The Congress meets in the Palacio de las Cortes, Madrid, Palace of the Parliament () in Madrid. Congress has ...
approved the admission of ''A bill to reform the Statute of Autonomy of Catalonia'' with the support of all the groups except the opposition People's Party (PP). The subsequent (constitutionally required) negotiations with the constitutional committee of Spanish Parliament led to amendments of some two thirds of the draft. The new text led one of the Catalan coalition government parties, Esquerra Republicana de Catalunya (ERC), to cease support for the new statute. Simultaneously, from January to April 2006 then opposition leader,
Mariano Rajoy Mariano Rajoy Brey (, ; born 27 March 1955) is a Spanish politician who served as Prime Minister of Spain from 2011 to 2018, when a 2018 vote of no confidence in the government of Mariano Rajoy, vote of no confidence ousted his government. A m ...
organised a signature campaign demanding a referendum on the new Statute, rather than the normal process of parliamentary majority. On 10 May 2006, the amended text passed through its final reading through both Houses of the
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, with the support of all parties except both the Spanish main opposition party, the conservative People's Party, and the Catalan independentist party Esquerra Republicana de Catalunya (ERC) for opposite reasons. ERC voted against the bill in the
Spanish Congress of Deputies The Congress of Deputies () is the lower house of the , Spain's legislative branch, the upper house being the Senate of Spain, Senate. The Congress meets in the Palacio de las Cortes, Madrid, Palace of the Parliament () in Madrid. Congress has ...
but abstained in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
so that it would still pass. ERC voted against it, despite its senior members having had a hand in drafting its content, due to the internal tensions within the party which this issue had brought to the surface. On Sunday 18 June the Statute was put to
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
of the
Catalan people Catalans (Catalan language, Catalan, French language, French and Occitan language, Occitan: ''catalans''; ; ; or ) are a Romance languages, Romance ethnic group native to Catalonia, who speak Catalan language, Catalan. The current official c ...
. The
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
approved the Statute, the "yes" side receiving 73.23% of
vote Voting is the process of choosing officials or policies by casting a ballot, a document used by people to formally express their preferences. Republics and representative democracies are governments where the population chooses representative ...
s cast. The
voter turnout In political science, voter turnout is the participation rate (often defined as those who cast a ballot) of a given election. This is typically either the percentage of Voter registration, registered voters, Suffrage, eligible voters, or all Voti ...
was 49.41% of the total
electorate Electorate may refer to: * The people who are eligible to vote in an election, especially their number e.g. the term ''size of (the) electorate'' * The dominion of a prince-elector in the Holy Roman Empire until 1806 * An electoral district ...
, a relatively low figure for this type of vote, in other words 36% of Catalan people with the right to vote. The new statute came into effect 9 August 2006. Just as they had done in the Spanish Parliament, the PP and ERC, for opposite reasons, supported a ''no'' vote in the referendum. ERC claimed the low voter turnout was a response to the changes made to the original draft submitted to Spanish Pariament. In the Catalan parliament, ERC's opposition raised tensions within the coalition government which led to an early regional election in 2006.


Comparison of referendum results

* The 1931 referendum on the Statute of Autonomy registered a
voter turnout In political science, voter turnout is the participation rate (often defined as those who cast a ballot) of a given election. This is typically either the percentage of Voter registration, registered voters, Suffrage, eligible voters, or all Voti ...
of 75.13%, of which 99.49% voted favourably to its passing, according to the official results released. * The 1979 referendum on the Statute of Autonomy registered a voter turnout of 59.7%, of which 88.1% voted favorably. * The 2006 referendum on the current version of the Statute registered a voter turnout of 49.41%. Of the total votes, 73.23% were in favour of the new Statute, while 20.57% were against.


Self-government under the statute

Catalonia is an
Autonomous Community The autonomous communities () are the first-level administrative divisions of Spain, created in accordance with the Spanish Constitution of 1978, with the aim of guaranteeing limited autonomy to the nationalities and regions that make up Sp ...
within the Kingdom of
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
, with the status of
nationality Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture. In international law, n ...
in the
Spanish Constitution of 1978 The Spanish Constitution () is the supreme law of the Kingdom of Spain. It was enacted after its approval in 1978 in a constitutional referendum; it represents the culmination of the Spanish transition to democracy. The current version was a ...
. In September 2005, the
Parliament of Catalonia The Parliament of Catalonia (, ; ; ) is the Unicameralism, unicameral legislature of the Autonomous communities of Spain, autonomous community of Catalonia. The Parliament is currently made up of 135 members, known as Deputy (legislator), deput ...
approved the definition of Catalonia as a 'nation' in the
preamble A preamble () is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the su ...
of the new Statute of Autonomy (autonomous basic law). The 120 delegates of all parties (CiU, PSC, ERC, ICV-EA) with the exception of the 15 delegates of the Partido Popular approved this definition. In the opinion of the Spanish Government this has a 'declaratory' but not a 'legal' value, since the Spanish Constitution recognises the indissoluble "unity of the Spanish Nation". The
Generalitat de Catalunya The Generalitat de Catalunya (; ; ), or the Government of Catalonia, is the institutional system by which Catalonia is self-governed as an autonomous community of Spain. It is made up of the Parliament of Catalonia, the President of the Govern ...
is the institution in which the self-government of Catalonia is politically organised. It consists of the
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, the President of the Generalitat, and the Executive Council or
Government of Catalonia The Generalitat de Catalunya (; ; ), or the Government of Catalonia, is the institutional system by which Catalonia is self-governed as an autonomous community of Spain. It is made up of the Parliament of Catalonia, the President of the Govern ...
. The Statute of Autonomy gives the Generalitat of Catalonia the powers that enable it to carry out the functions of self-government. These can be exclusive, concurrent, and shared with the Spanish State or executives. The Generalitat holds jurisdiction in various matters of culture, education, health, justice, environment, communications, transportation, commerce, public safety, and local governments. Catalonia has its own police force, the
Mossos d'Esquadra The ''Mossos d'Esquadra'' (; ), also known as the ''Policia de la Generalitat de Catalunya'' and informally as ''Mossos'', is the State police#Spain, regional police force in the autonomous community of Catalonia. They trace their origins back ...
, although the Spanish government keep agents in the region for matters relating to border control, terrorism and immigration. Most of the justice system is administered by Spanish judicial institutions. The legal system is uniform throughout Spain, with the exception of so-called " civil law", which is administered separately within Catalonia.


Differences with the Statute of 1979

The new statute sought to achieve clarification of powers and their protection from encroachment by the State, increased executive, legislative and fiscal powers and the recognition of Catalan nationhood. The overlaps and lack of clarity in how to share the powers ascribed to Autonomous Communities and the State in the Constitution had led to major conflicts and Constitutional Court determinations usually in favour of the State. The new Statute tried to define with precision every section and subsection of these powers to prevent future conflicts and give legal security in the division of powers. Th most notable changes were: * Definition of Catalonia as a nation in the preamble of the law, while in the 1979 Statute, Article 1 the definition was as a "nationality" * Regulation of the national symbols of Catalonia: the
flag A flag is a piece of textile, fabric (most often rectangular) with distinctive colours and design. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design employed, and fla ...
, the
national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European ...
, and the national day. * Introduction of historical rights as one of the legal basis of self-government. * Reinforcement of
Catalan language Catalan () is a Western Romance languages, Western Romance language and is the official language of Andorra, and the official language of three autonomous communities of Spain, autonomous communities in eastern Spain: Catalonia, the Balearic I ...
as the proper language of Catalonia, establishing it the main language of Catalan administration and introducing the duty of Catalan citizens to learn it, alongside the Spanish language. The
Occitan language Occitan (; ), also known by its native speakers as (; ), sometimes also referred to as Provençal, is a Romance language spoken in Southern France, Monaco, Italy's Occitan Valleys, as well as Spain's Val d'Aran in Catalonia; collectively, ...
(
Aranese Aranese () is a standardized form of the Pyrenean Gascon dialect, Gascon variety of the Occitan language spoken in the Val d'Aran, in northwestern Catalonia close to the France–Spain border, Spanish border with France, where it is one of the t ...
in
Val d'Aran Aran (; ; ) (often known as the Aran Valley, or Val d'Aran in Aranese Occitan; in other forms of Occitan: ''Vath d'Aran'' or ''Vau d'Aran'', in Catalan: ''Vall d'Aran'', in Spanish: ''Valle de Arán'') is an autonomous administrative entity (form ...
) is also recognized as an official language of Catalonia. * Creation of an entire chapter (Title I) dedicated to the rights and obligations of Catalan citizens, apart from the ones of the Spanish Constitution. * Establishment of Vegueries as the new territorial division of Catalonia, suppression of the four
Provincial Councils A province is a geographic region within Gaelic games, consisting of several counties of the Gaelic Athletic Association (GAA) and originally based on the historic four provinces of Ireland as they were set in 1610. Provincial councils A provin ...
. * Reinforcement of the powers of the
High Court of Justice of Catalonia The High Court of Justice of Catalonia () is the highest body and last judicial instance of the Spanish judiciary in Catalonia. Unlike the Parliament of Catalonia (legislative branch) or the Executive Council of Catalonia (executive branch), t ...
. Establishment of the High Prosecutor of Catalonia and the Council of Justice of Catalonia. * Powers of the Generalitat over new matters and better definition of them, which included: ** Religious entities ** Landscapes ** Popular consultations, except referendums ** Maritime safety ** Attention and initial support for immigrants ** Transportation that circulates entirely through Catalan territory **
Labour inspection The ''Inspection du travail'' (IT, ''Labour inspection'') is a specialist agency of the French civil service, responsible for investigating employment conditions and enforcing labour law, created in 1892 during the Third Republic. History The ...
* Establishment of bilateral relations between the Generalitat and Spanish Government. * Definition of foreign activity of Catalonia. Recognition of delegations of the Catalan government abroad. * Extension of financing powers: ** Creation of the Tax Agency of Catalonia, which collects and manages the own taxes of the Generalitat and those totally granted by the State ** Increase in participation of State taxes (IRPF, IVA, Society tax) ** Regulation of State investments in Catalonia


Criticism

Spanish nationalist political parties, such as Cs and PP have pointed out what they describe as an "identity obsession" amongst
Catalan nationalist Catalan nationalism promotes the idea that the Catalan people form a distinct nation and national identity. A related term is Catalanism (, ), which is more related to regionalism and tends to have a wider meaning, most people who define themsel ...
politicians and the Catalan media establishment. They quote the unprecedentedly high
abstention Abstention is a term in election procedure for when a participant in a Voting, vote either does not go to vote (on election day) or, in parliamentary procedure, is present during the vote but does not cast a ballot. Abstention must be contrast ...
in the referendum regarding the Statute as a symptom of those cited sectors being out of sync with the populace at large. On the opposite side, Catalan nationalists, such as
CiU CIU may refer to: *Crash Investigation Unit, an Australian factual television program *Working Men's Club and Institute Union, an association of social clubs in the United Kingdom * Chippewa County International Airport in Sault Ste. Marie, Michigan ...
,
Republican Left of Catalonia The Republican Left of Catalonia (, ERC; ; generically branded as ) is a pro-Catalan independence, social democratic political party in the Spanish autonomous community of Catalonia, with a presence also in Valencia, the Balearic Islands and t ...
(ERC), or
CUP A cup is an open-top vessel (container) used to hold liquids for drinking, typically with a flattened hemispherical shape, and often with a capacity of about . Cups may be made of pottery (including porcelain), glass, metal, wood, stone, pol ...
, said that the Statute does not give Catalonia sufficient self-government after it was modified by the
Constitutional Court of Spain The Constitutional Court () is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part I ...
. They claim the Statute that was brought to referendum differed substantially from the one the Constitutional Court delivered on points considered key by these parties, starting the first massive Catalan demonstrations in favor of the
Catalan independence The Catalan independence movement (; ; ) is a Social movement, social and political movement with roots in Catalan nationalism that seeks the independence of Catalonia from Spain. While proposals, organizations and individuals advocating for Ca ...
.


Legal challenge and the Catalans' response

In an unprecedented move, immediately after the Statute's proclamation, the Partido Popular filed an objection of
unconstitutionality In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applica ...
against more than half the text before the
Constitutional Court of Spain The Constitutional Court () is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part I ...
(including provisions that had previously been approved in the autonomy statutes of other autonomous communities). Its constitutionality was also contested by some intellectuals and
journalist A journalist is a person who gathers information in the form of text, audio or pictures, processes it into a newsworthy form and disseminates it to the public. This is called journalism. Roles Journalists can work in broadcast, print, advertis ...
s related to liberal or conservative media such as the COPE (Catholic radio network) and the Madrid-based
newspaper A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as poli ...
s '' El Mundo'' and '' La Razón''. Elements of the Statute were legally contested by the surrounding
Autonomous Communities The autonomous communities () are the first-level administrative divisions of Spain, created in accordance with the Spanish Constitution of 1978, with the aim of guaranteeing limited autonomy to the nationalities and regions that make up Spa ...
of Aragon, Balearic Islands, and the Valencian Community concerning financing, water policy and the archives of the Crown of Aragaon. The objections are based on various topics such as disputed
cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by socie ...
but, especially, on the Statute's alleged breaches of the "solidarity between regions" principle in fiscal and educational matters enshrined by the Constitution. The Catalan polity was outraged by the extent and nature of the challenge because the Statute it had been negotiated and agreed in State and Catalan parliaments and ratified by referendum. The Catalan political arena largely viewed this debate as a sort of cultural war waged by "Spanish nationalists" (''espanyolistes'' in Catalan). In response, in May 2010, four of the six political parties in the Catalan parliament (
Convergence and Union Convergence and Union (, CiU; ) was a Catalan nationalist electoral alliance in Catalonia, Spain. It was a federation of two constituent parties, the larger Democratic Convergence of Catalonia (CDC) and its smaller counterpart, the Democratic ...
, the Catalan Socialists,
Republican Left of Catalonia The Republican Left of Catalonia (, ERC; ; generically branded as ) is a pro-Catalan independence, social democratic political party in the Spanish autonomous community of Catalonia, with a presence also in Valencia, the Balearic Islands and t ...
, and Catalan green party), which then represented 88% of the electorate, agreed present together in the
Spanish Senate The Senate () is the upper house of the , which along with the Congress of Deputies – the Lower house, lower chamber – comprises the Parliament of the Kingdom of Spain. The Senate meets in the Palacio del Senado, Palace of the Senate in Madri ...
a reform of the
Constitutional Court of Spain The Constitutional Court () is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part I ...
to stop it overturning the Statute of Autonomy. The pact was unusual because, aside from the fact that they all pertain to various degrees of
Catalan nationalism Catalan nationalism promotes the idea that the Catalan people form a distinct nation and national identity. A related term is Catalanism (, ), which is more related to Regionalism (politics), regionalism and tends to have a wider meaning, most pe ...
, the four parties differ greatly in political ideology and together form nearly 80% of the
Catalan Parliament The Parliament of Catalonia (, ; ; ) is the unicameral legislature of the autonomous community of Catalonia. The Parliament is currently made up of 135 members, known as deputies (//), who are elected for four-year terms or after extraordinary ...
. However, this attempt was largely unsuccessful. After four years of deliberations, on the 28th June, the
Constitutional Court of Spain The Constitutional Court () is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part I ...
made its binding assessment. By a 6 to 4 majority, the Court's justices annulled 14 articles and dictated the interpretation for 27 more, mainly those relating to language, justice and fiscal policy. Although the majority of the articles appealed were declared compatible with Constitution the Court's caveats and interpretations undermined the aims and basic structure of the new statute. The judgement dictated that the term "nation" used in the preamble has no legal standing. It also abolished all the mechanisms that had been put in place to minimize the distortionary effects of the existing Spanish tax and transfer system suggesting that to make the fiscal model in Catalonia like that of Navarra and the Basque Country would require an amendment to the constitution. The Court also declared that the attempt to clarify the powers between the State and Catalonia does not prevent action by the State because this is a matter only for the Constitution and the interpretation of the Court, effectively closing the door on attempts at clarification. The legitimacy of the Courts decision has been questioned in Catalonia: the term of three of the twelve members of the Court had already expired when a decision had been made; a fourth member had died and the Spanish Parliament had not appointed the four successors due to the
Spanish General Council of the Judiciary blockade The General Council of the Judiciary blockade was a constitutional crisis that has resulted in the General Council of the Judiciary (CGPJ), the governing body of the Judiciary of Spain, Judiciary in Spain not being able to fulfill its functions du ...
.


Repercussions

It is generally agreed that the Constitutional Court's decision has come at a high cost for Court's prestige and perceived legitimacy. Following the decision, Catalan public opinion grew increasingly favorable to hold a referendum to decide whether Catalonia should become an independent state from Spain. According to one author, The Court's decision initially led to a massive demonstration in Barcelona of more than a million people under the slogan in Catalan ''Som una nació. Nosaltres decidim'' (). Between 2009 and 2011 a series of a series of non-binding and unofficial referendums or "popular votes" (consultes populars), took place in municipalities around Catalonia. In 2013, according to the Spanish Agency (Centro de Investigaciones Sociológicas), 40.6% of Catalans were in favor of independence and 25.7% in favor of achieving more self-government, while 17.6% would be happy in the current situation and 9.1% of them would prefer to have less autonomy. According to the Catalan Agency (Centre d'Estudis d'Opinió), in the event of a referendum there would have been 55.6% of Catalans in favor of independence and 23.4% of them voting against it. The remaining percentages in either poll were still undecided. In 2014, the Catalan government also tried to hold a referendum on the issue. Polls in 2017 suggested that support for independence had gone down slowly and steadily from its peak in 2012–13, with only 41% in favor of independence vs 49% against it. Regardless of the polls, when it came to the referendum, where, despite an estimated 770,000 votes being confiscated by the police, the voters overwhelmingly supported independence: 90.18% voting in favor, and only 7.83% voting against (however, with a voter turnout of just 43%). The situation developed into the
2017–2018 Spanish constitutional crisis A constitutional crisis took place in Spain from 2017 to 2018 as the result of a political conflict between the Government of Spain and the Generalitat de Catalunya under the then-President of the Generalitat of Catalonia, President Carles Puigd ...
.


Implications for Constitutional Reform

Prior to the Constitutional Courts decision, the system of negotiating bi-laterally an autonomous community’s powers with the central government was seen as a flexible sub-constitutional method of reform and the best way to accommodate a country perceived by some as multinational. For example, the process of reform of the Catalan Statute of Autonomy triggered and influenced reform of several other statutes which have been modified including those of Valencia (2006), Balearic Islands (2007), Andalucía (2007), Aragón (2007), Castile and León (2007), Navarra (2010), and Extremadura (2011), all agreed by the parliament and the two main Spanish parties. However the Constitutional Court has, by its judgement in 2010, invalidated this politically agreed implicit constitutional change and led to a debate on the emergence of a new model of federalism in Spain. For some, the court’s intervention is seen as safeguarding the previous constitutional consensus. However most constitutional lawyers in Catalonia believe that the judgement means the end of constitutional flexibility that had emerged. The resulting model will be incapable of satisfying the demands of a true plurinational state and will prove to be a new towards increased demands for shared sovereignty or outright secession.


See also

*
Catalonia Catalonia is an autonomous community of Spain, designated as a ''nationalities and regions of Spain, nationality'' by its Statute of Autonomy of Catalonia of 2006, Statute of Autonomy. Most of its territory (except the Val d'Aran) is situate ...
*
Generalitat de Catalunya The Generalitat de Catalunya (; ; ), or the Government of Catalonia, is the institutional system by which Catalonia is self-governed as an autonomous community of Spain. It is made up of the Parliament of Catalonia, the President of the Govern ...
*
Autonomous communities of Spain The autonomous communities () are the first-level political divisions of Spain, administrative divisions of Spain, created in accordance with the Constitution of Spain, Spanish Constitution of 1978, with the aim of guaranteeing limited autonom ...
*
Spanish transition to democracy The Spanish transition to democracy, known in Spain as (; ) or (), is a period of History of Spain, modern Spanish history encompassing the regime change that moved from the Francoist dictatorship to the consolidation of a parliamentary system ...
* Statute of Autonomy *
2010 Catalan autonomy protest The 2010 Catalan autonomy protest was a demonstration in central Barcelona on 10 July 2010 against limitations of the autonomy of Catalonia, and particularly against a recent decision of the Spanish Constitutional Court to annul or reinterpret ...
*
History of political Catalanism The history of Catalan nationalism, Catalan political nationalism, also referred to as Catalanism (), traces its origins to the early years of the Restoration (Spain), Bourbon Restoration in Spain following the failure of the Federalism, federalis ...


References


Bibliography

* * * * * * *


External links


Full text of the 2006 Statute
(in
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Catalonia endorses autonomy plan
BBC News. 19 June 2006. * Text of the 200
''Proposal for reform of the new Statute of Autonomy of Catalonia''
(in
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The controversial reform of the Statute of Autonomy of Catalonia
{{Statute of Catalonia 2006 in Catalonia
2006 2006 was designated as the International Year of Deserts and Desertification. Events January * January 1– 4 – Russia temporarily cuts shipment of natural gas to Ukraine during a price dispute. * January 12 – A stampede during t ...