59

By way of establishing some context, it's worth noting that this isn't just a squabble over which government has the authority to hold a referendum in Catalonia. The Madrid government's position is that not even it can grant independence, because the constitution directly prohibits it. Moreover, to amend the relevant article of the constitution would require ...


39

It seems bleedingly obvious that having Catalonia and the rest of Spain vote differently on this issue would leave everybody with bad feelings. Nothing would be settled. And organising a referendum is precisely risking such an outcome, not as a mere possibility or in an opinion poll but in an officially sanctioned vote. Once you have an actual vote for ...


32

The thing is: It does not matter what a government or a law says or pretend to say. If you look at the history, an absolute minority of independencies were "allowed" or "negotiated" between the parties (Czech Republic and Slovakia a rare instance), most are results of violent conflicts (Abkhazia, Ex-Yugoslavia, Crimea) or triggered a wave of violence (India/...


30

What has changed lately to increase their desire to be independent? This isn't actually how separatism works. It's not that they want independence now more than they did, say, fifty years ago. It's that they think they can get independence now. Fifty years ago, they would have faced suppression by the military. The rest of Europe would have had ...


28

To be allowed to apply to join the EU, Catalonia as an independent nation must be able to demonstrate they meet the Copenhagen Criteria which are defined as follows Political criteria: Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; Economic criteria: A functioning market ...


27

It is weekend and most of the local administration is not working, so it is difficult to tell. And even on Monday, it will depend of what orders are issued. But so far: There have been some declarations by public employees (mainly from education and the regional public TV/Radio station network) about not recognizing Madrid orders. Regional police forces ...


25

No, internal conflicts and secession attempts do not qualify as “armed attacks” under the North Atlantic Treaty (itself based on the UN charter, article 51, which only covers actions between states). The most obvious historical example is the Algerian War, in which Algeria – then a part of France and covered by the treaty, as explicitly acknowledged in ...


18

First of all, Catalonians won't see that as legitimate. It's like having other people vote for what I should make myself for dinner -- even if everyone else is saying I should have salmon, if I want a hamburger and I'm the only vote in favour of it, I'm still making a damn hamburger. There is no legitimacy in other people telling me what I should do. Second,...


17

The treaty is geared towards international threats, so that would be unlikely. It could theoretically trigger article 4 of the treaty. The latter states that: The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened. It got used only a few ...


17

There are no "political differences" (v.g. right vs left, or in favor of more press freedom or less), in fact both the Catalonian new government and the opposition have both left and right wing parties. They want to stay in the EU, remain a democracy, etc. etc. In fact one of the "weapons" that the Madrid government holds is that it can block the admission ...


17

As you correctly state, the International Covenant on Civil and Political Rights asserts that Article 1 All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. However, it doesn't define peoples or self-...


15

The central government in Madrid regularly takes laws declared in Catalan parliament to court, arguing those laws can only be enacted nationally. In itself, such is just a conflict of sovereignty. However, there would be no conflict if the government in Madrid already had a law with the same effect, so this conflict of sovereignty implies that Madrid and ...


15

UPDATE 23/10 After breaking up the "Soft 155" deal with the PSOE, the PP will enforce a "hard 155": Deposing all of catalonia's cabinet. Appointing a temporary cabinet, unrevokable. Restricting the rights of the parliament, deciding what and what not they can vote, acquiring a right to Veto on the laws that look contrary or undermining to the central ...


15

The main political situations happened on Friday afternoon, so it needed some days in order to have working hours and see the position of each key member. Let me summarize the events that have taken place, in the hope that a timeline of almost-simultaneous actions can shed more light: Independece was declared on Friday 27th October by 15 h (Catalan ...


12

You needn't a political movement to force your country's police do their job Apologies for a bit of bold title (in both senses), but this is precisely the answer. In most national-liberation movements, the "pro-" secession faction is more active than their opponents. That's because the separatists need changes, while their opponents prefer to keep things ...


12

Is it normal for a democracy to prosecute secessionist leaders for rebellion? They are not being prosecuted for being secessionist1, they are taken to court because they have been charged by breaking Spanish law. It is up to the judges to decide the issue (and of course, Puigdemont and others are entitled to due process, defense, and appeals up to the ...


10

As a scientist I cannot explain the reasons in political words, but anyway I will try to give the main reasons which explain the increase of the "independentism" in Catalonia. First of all, I will ignore the historical reasons of the Catalan nationalism and I'll try to only consider the the facts of the last years: First of all let's check the autonomic ...


10

TL/DR: Invocation of article 155 is an extraordinary measure and almost everyone wants to keep it short. Elections offer a possible solution to it. There are some reasons to hope for a different electoral result but if electoral results are a repeat of 2015 the Spanish government can keep article 155 in place. The main reason would be that it offers a (...


9

Neither the Spanish government nor the government of the Catalan autonomous community has the legal capacity for a referendum of this type. The supreme law that governs the Spanish state and to which all subjects and public powers are bound to comply is the Spanish Constitution of 1978. 1.2. La soberanía nacional reside en el pueblo español, del que ...


9

Primary issues: Constitution and procedural process This answer to a previous question quotes and briefly explains the relevant articles of the Spanish Constitution. The Spanish Wikipedia page Proceso soberanista de Cataluña de 2012-2017 outlines various actions taken by Catalan politicians and ruled unlawful by the Constitutional Court over several years. ...


9

The so called Països Catalans, that is, the Catalan Countries refers to those territories where the Catalan language is spoken. It comprises these territories: Andorra France: Roussillon Italy: Alghero, in Sardinia Spain: Catalonia, Valencia, Balearic Islands, parts of Aragon (La Franja), parts of Murcia (Carche) However, the political aspect of Catalan ...


8

Two years ago I read a thesis written by a law graduate in Catalonia, which dealt with these questions. There are three legal theories on this: Spain continues to exist as a state, while Catalonia is a new state. In this case Catalonia would not inherit any of the treaties that Spain has signed, but would start with a clean slate. That would mean Catalonia ...


8

A useful - and fairly authoritative - opinion on the international law aspect of this comes from the Canadian Supreme Court in its Reference re Secession of Quebec in 1998. It held (emphasis mine): Although much of the Quebec population certainly shares many of the characteristics of a people, it is not necessary to decide the "people" issue because, ...


8

At the moment Catalonia is ruled by its own Catalan government that has autonomy over this region, autonomy that was granted time ago by the Spanish government. That means that now they rule in lots of aspect of it but always under the Spanish law. Catalonia is an Autonomous Community within the Kingdom of Spain... ...The Statute of Autonomy gives ...


7

Companies are moving their HQs out of Catalonia for "trying to guard the interests of their customers" Mainly, they leave Catalonia fleeing from the uncertainty that the political situation is having now in Catalonia. Uncertainty is one of the worse enemies of any economic forecast and this is one reason that they are quitting Catalonia Other important ...


7

Note that the article you quote also says En caso de que el alzamiento fuera armado o si se produce “combate entre la fuerza de su mando y los sectores leales a la autoridad legítima, o la rebelión hubiese causado estragos en propiedades de titularidad pública o privada, cortado las comunicaciones telegráficas, telefónicas, por ondas, ferroviarias o de otra ...


6

The answer from SJuan76 is very well pointed, but not 100% accurate. The economic prevalence of Catalonia was true for decades, and encouraged first by dictator Franco and later by the nationalist parties threats that got all kind of economic privileges from the national Spanish democratic governments in order to maintain themselves (both sides, the Catalan ...


6

According to the Catalan government statistics from 2013, the total number of people whose "initial" language is Catalan or both Catalan and Spanish is 2,092,000. In Spain, 14% of the people are between the ages of 0 and 14, therefore approximately 17% are under the age of 18. Multiplying the two numbers we get 1,738,000 native Catalan speakers who are ...


6

YES, partially The only district allowed to secede from Catalonia is Vall d'Aran, the only "subject" nation inside Catalonia's borders. They speak their own Language ( Aranese, a modern version of Occitan), they have their own culture and traditions,their people doesn't hold a free nation or state for itself, and they aknowledge themselves as a distinct ...


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