1. The process towards an Independent State
and the first months of the Catalan State
The legal and political foundations.
July 2012

2. The process towards an independent state requires a
combination of political and operational actions
(State’s structure)
Generate social support
Political
Sphere
Sovereignty
Act
Communicate the process internationally,
establish alliances with key countries and
agree with them terms for recognition
Declaration of
Independence
First months as an
independent State
International
recognition of the
Catalan State
Define key transition
processes
Operational
Sphere
(State's
structure)
Define necessary
functions
Appoint, supervise and coordinate key persons and work teams
Develop information systems
2

3. The Principality of Catalonia was an International Law
entity
}
Until 1716, the Principality of Catalonia was an entity of International Law.
}
As such, was endowed with international subjectivity, and that was
recognized by the other members of the European States Society, of which
Catalonia was a member.
}
Catalonia’s sovereignty was full and native, meaning it was not subjected
to any previous act, neither it depended on any other foreign entity, ...
}
...and so it enjoyed all the manifestations inherent to international
subjectivity (ius legationis, ius contrahendi...).
3

4. Catalonia’s sovereignty was suppressed by the
Reorganization Decree (Decret de Nova Planta) (1716),
an illegitimate and illegal act
}
Catalonia’s sovereignty was suppressed by the Reorganization
Decree (Decret de Nova Planta) (1716)
}
This decree led to the dissolution of the Hispanic Monarchy and
our annexation to the Crown of Castile by right of conquest
}
This mode of acquisition of sovereignty is now prohibited by
International Law
}
That decree was an illegitimate and illegal act because it
violated :
§
§
§
§
§
§
The will of Charles II
Article XIII of Utrecht Treaty
Catalan constitutions
Phillip V oath to Court
Barcelona’s capitulation
War practices and customs
4

5. Catalonia’s sovereignty was suppressed by the
Reorganization Decree (Decret de Nova Planta) (1716),
an illegitimate and illegal act
}
But above all, it was illegal for the sovereignty of a state can
not be suppressed by the will of another State
}
Contemporary International Law confirms the illegality of our
annexation
§ Today the principle of sovereign equality of States, contained in
Article 2.1 of the Letter of the United Nations is a structural
principle of International Law, and as such has erga omnes effects
}
In addition, the War of Spanish Succession was a war of
aggression, equally proscribed by contemporary International
Law
5

6. Despite the submission of Catalonia to the Spanish
authorities, Catalonia has contributed to the stability of
Spain
}
Historically, Catalonia has been crucial to Spain’s economic and political
stability
}
It especially stood out in the defense of democracy and its representative
institutions during the Civil War and the restitution of democracy in 1978
6

7. Despite the submission of Catalonia to the Spanish
authorities, Catalonia has contributed to the stability of
Spain
}
The domination of the people of Catalonia has manifested in many ways,
including:
§ The military occupation of Catalonia and its submission to a foreign authority
§ Legal uniformity and submission of Catalonia to laws and customs of Castile
§ The cultural assimilation, linguistic repression and the banning of public use
of our language
§ Our submission to the immigration law that enforces a system of institutional
segregation
§ The economic blockade, physical isolation and tax embargo (in other words
plundering)
§ The denial of our identity and the constant subjugation of our will to foreign
interests
7

8. The Principality of Catalonia has never accepted the
abolition of its sovereignty, institutions and selfgovernment
}
Despite having
demonstrated a constructive
and pragmatic attitude to
the last moment, the
Principality of Catalonia has
never accepted the
abolition of its sovereignty,
institutions and selfgovernment, as it proves a
series of events:
Year
Event
1760
Memorial de Greuges
1869
Pacte de Tortosa
1883
Projecte de Constitució de l’Estat Català
1885
Memorial de Greuges de Valentí Almirall
1888
Missatge d’Àngel Guimerà a la reina regent
1892
Bases de Manresa
-
Missatge de Joan Maragall a Alfons XIII
1907
Programa del Tívoli de Prat de la Riba
1931
Projecte de constitució catalana de Macià
1934
Proclamació de l’Estat català
1977
Restitució de la Generalitat de Catalunya
2006
Projecte d’Estatut d’autonomia
2012
Proposta de pacte fiscal
8

9. Independence should not be considered as part of the
territory’s secession from Spain, but as the restoration of
the sovereignty of Catalonia
}
The independence of Catalonia can occur in different ways,
such as:
§ By applying the principle of people’s self-determination (res. 2625/XXV AGNU)
§ By applying the principle of nationalities (14 points of Wilson)
}
The will to restore our sovereignty is based on:
§ The evidence that our idiosyncrasy has never fit into the Spanish legal framework
and that it seriously endangers the survival of our national and cultural identity
§ The pervert management of our resources through a system of revenue sharing
and a system of public policies that discriminate on the basis of national identity
§ The state’s administrative centralization and the intervention of our political
institutions on the pretext of public debt caused by a confiscatory tax system
9

10. Independence should not be considered as part of the
territory’s secession from Spain, but as the restoration of
the sovereignty of Catalonia
}
Our independence cannot be considered as a secession from Spain,
but as the restoration of the sovereignty of Catalonia
}
The restoration of our sovereignty should include the entire territory of the
Principality of Catalonia and, in the long run, all the manifestations of its
historical sovereignty
}
The dissolution of the Spanish Crown and the termination of the legal and
international subjectivity of Spain, implies the right of all peoples of Spain to
exercise their self-determination to decide their future political
10

11. The independence of Catalonia and the UE.
International Law Legitimacy
}
Catalonia did not join Spain, but was annexed by Castile, a sovereign entity
with which we shared a monarch, and was on the same legal level that the
Principality of Catalonia to the Crown.
}
By law, our annexation was an illegal act. It violated the will of Charles II,
the Article XIII of the Treaty of Utrecht, the oath in Court of Philip V, the
Catalan constitutions, Barcelona’s capitulation and war practices and
customs.
}
Catalonia is being subjected to institutional segregation for reasons of
identity.
§ 2625/XXV resolution of the UN General Assembly in 1970 recognized the right to
self-determination in the case of colonial domination and racial domination and
foreign domination.
§ Catalonia fits in the third case, as there still survive immigration prohibitions that
prevented Catalans to freely exercise the Spanish citizenship within state
institutions.
11

12. The independence of Catalonia and the UE.
International Law Legitimacy
}
}
}
}
Spain does not treat Catalonia and the Catalans as fellow countrymen of
other Spaniards, but as enemies. They make war from all areas (cultural,
linguistic, on media, blocking our economy ...).
They can not say they consider us Spanish people when Catalans
participation in the upper levels of the central administration is merely
testimonial.
There is no possible justification to the fact that just 4% of Spain’s ministers,
since the transition, were Catalan.
We have cero presence in the State Council, and other bodies exercising
the core of state’s sovereignty.
§ 3% diplomats
§ 4% judges
§ as a whole it tends to 0.5% at most.
12

13. The independence of Catalonia and the UE.
International Law Legitimacy
}
The so called Spain, is actually the continuation of the Crown of Castile, but
under another name.
}
The Royal Dynasty, courts, the legal system, the judiciary, state’s language,
everything, absolutely everything (except the flag), comes directly from the
Crown of Castile.
§ In the nineteenth century, the Catalan representatives in Parliament had to sit at
the very end of the hall, in the last row, behind the representatives of Cuba,
Puerto Rico and the Philippines.
§ This is the place for Catalonia in the Castilian’s Spain.
}
And this happens at all levels, in business, Spanish sports federations... We
are simply an object of persecution for identity reasons (crime against
humanity by the Rome Statute of the International Criminal Court)
13

14. Fundamentals of the dissolution of Spain
}
The annexation of the Catalan-Aragonese Crown is Spain’s
constituent act.
§ The restoration of the historic sovereignty of the Principality of
Catalonia dissolves it.
}
Spain’s unitary conception:
§ In a comprehensive and federal state, a possible secession would
not mean the dissolution of the State.
§ Unitary state: makes the secession impossible within the
constitutional ruling. Dissolves the sovereignty unit.
}
The uniform conception of Spanish identity:
§ Catalans are not considered a distinct entity by the Spanish law
(we only have civil vicinity).
§ Only one nationality, one identity is recognized: Spanish
(Castilian).
14

15. Fundamentals of the dissolution of Spain
}
The territorial organization of the State:
§ Territorial continuity (unlike American colonies)
§ The territoriality of the capital does not imply ownership of
sovereignty
§ The secession of Catalonia, by itself, is not able to dissolve the
Spanish state (16% population)
§ Same reasoning: no autonomous region has enough weight to be
the only State’s continuator
§ Art 78 of Spain’s Constitution forbids the federation between
autonomous regions
§ Dissolution: self-determination exercise for all Spain’s peoples
(and right to decide new political binds)
}
The dissolution of the Spanish Crown:
§ The reversal of royal titles pertaining to Catalonia overturn Art. 56
of the Spanish Constitution as a symbol of unity and permanence.
15

16. Empresaris
per
l’Estat
propi
Only
by
being
an
independent
state
will
Catalonia
be
economically
viable
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