The Catalan independence referendum
independence of Spain, to defend its territorial integrity and the constitutional set- up’ . Therefore, inevitably constitutional conflict arises again.
The Spanish authority ’ s actions in the period leading to the referendum, and their responses to developments the following day, were potentially incompatible with the legal and constitutional framework of Spain; this includes Spain’s international human rights obligations. Primarily, the government authorities raised grave concerns with regards to freedom of expression, assembly, association and due process in their measures to try and forcefully stop the referendum from proceeding naturally. Moreover, images of Catalan citizens peacefully attempting to vote and being greeted by extremely forceful police have been strongly criticized by human rights organizations as negligence by the Spanish government. These actions coincide with the measures realised following the referendum which are comparably legally ambiguous: for example, local pro-independence leaders Jordi Sanchez and Jordi Cuixart, were immediately imprisoned without bail; later, they were charged with sedition. These actions are certainly legally inconsistent in their degree. Ultimately, the calling of a future ‘popular consultation’ over the commencement of the constitutional reform process leading to the establishing of the sovereign state of Catalonia is clearly possible within the guidelines of the constitution, which are principally democratic. However, the Spanish government, unwilling to risk the ‘indissoluble unity of the nation’, is prepared – rather undemocratically – to prevent this, as only the central government can authorize such a legal consultation. As the October 2017 referendum was not centrally authorized its illegality is blatant. Nonetheless, preventing the authorization of the referendum could be challenged by the government of Catalonia in court, as explicitly unconstitutional and against the basic principles of Article 1. Certainly, there are multiple, less rigid ways of interpreting the constitution, which is being purposely adhered to by the government, for its own benefit. The response of the Spanish authorities, similar to the actions of the pro-independence movement, has failed to maintain correct legal procedure. Their overly forceful response reflects the increasing polarization of the nation state. In the face of rising tension, it is clear that negotiations between the Generalitat and Spanish authorities must take place and regulatory changes must be carried out to resolve the political standstill.
Bibliography
Website links
http://idpbarcelona.net/docs/blog/legality_referendum.pdf
https://en.wikipedia.org/wiki/Catalan_declaration_of_independence
https://www.economist.com/the-economist-explains/2017/09/26/why-the-referendum-on-catalan- independence-is-illegal
https://en.wikipedia.org/wiki/Law_on_the_Referendum_on_Self-determination_of_Catalonia
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