These are the slides of the talk I gave at the University of Bristol Law School in the context of the Bristol Law Conference lecture series. The content is update as of 30 October 2017.

1. Understanding the
Catalan Conflict from a
Spanish Constitutional
Perspective
Dr Albert Sanchez-Graells
30 October 2017 (slides as of 15.20)
Bristol Student Law Conference Lecture Series

2. Agenda
• To provide an overview of the Spanish
constitutional framework applicable to the
Catalan conflict
• To place the events of Sept-Oct 2017 in
that framework
• To debunk some myths and
“sloganeering populism”

3. The general model

4. Spanish constitutional
framework—basics I
Spanish Constitution of 1978 (largely unreformed since)
See G Padró i Miquel, ‘The historical roots of the Catalan crisis: How we got to where we
are’, LSEEUROPP Blog, 19 Oct 2017, http://bit.ly/2yzUjjo

5. Spanish
constitutional
framework—basics
IIOne people, one nation, one territory
-> indissoluble unity
BUT, several nationalities and strong
devolution to regions, subject to
solidarity
Co-official languages (where used)
See also Fact Sheet by Elcano Royal Institute,
17 October 2017, http://bit.ly/2yGes7q

6. Spanish
constitutional
framework—basics
IIISpain is divided in 17 Autonomous
Communities (AACC) + 2 Aut. Cities
• Statutes of Autonomy
• The Constitution foresees a
competence split between central
and autonomous governments,
which is tailored to each region by
its Statute of Autonomy

7. Spanish constitutional
framework—basics IV
Arts 148 and 149 SC1978 establish three
types of competences
• Exclusive of the State
• Susceptible of adoption by AACC
• Residual rules
Constitutional Tribunal rules on conflicts

8. Spanish constitutional
framework—basics V
Commonly understood as
‘suspension of Autonomy’
Untested (until now) – both as to
scope and enforcement
No end-point, other than implicit
restoration of the AC’s compliance
with the Constitution and other laws

9. Current autonomy of
Catalonia within
the model

10. How does reality
reflect the model?
The system is dynamic and there have
been significant transfers of competence
from the State to the AACC over time
• Catalonia started out with 89
competences in 1978 and by 2010, it
had acquired a total of 274*
• Current competential status: 276
[further detail in Catalan SoA]
* Marcos, Santaló & Sanchez-Graells, ‘Measuring
regulatory intensity by the Spanish Regions (1978-
2009)’ (2010) 4 InDret.

11. So how self-
governed is
Catalonia, then? (I)Maximum level of decision-making
Second-to-highest level of
competences
Infograph by El País, based on L Hooghe et al,
Measuring Regional Authority: A Postfunctionalist
Theory of Governance (Oxford, OUP, 2016)

12. So how self-
governed is
Catalonia, then? (II)Maximum level of legislative power
Maximum level of executive power
Infograph by El País, based on L Hooghe et al,
Measuring Regional Authority: A Postfunctionalist
Theory of Governance (Oxford, OUP, 2016)

13. So how self-
governed is
Catalonia, then? (III)High level of taxation powers
Moderate level of indebtedness power
Infograph by El País, based on L Hooghe et al,
Measuring Regional Authority: A Postfunctionalist
Theory of Governance (Oxford, OUP, 2016)

14. So how self-governed
is Catalonia, then?
(IV)The number of civil servants and public
sector employees clearly reflects the level
of self-government
Infograph by El País, based on the information in the central
human resources register of the Spanish Ministry of Finance

15. A long(ish) view on
current events

16. More Autonomy vs Independence (I)
Source: CEO 2nd wave 2017, http://bit.ly/2yypsWU

17. More Autonomy vs Independence (II)

18. So, when did things
start to heat up?
2006 New Statute of Autonomy
– Subject to referendum
• 2.594.167 [48.95 turnout]
• 73.2% yes [35.7% census/ 27%population]
2006 Constitutional challenge of the new SoA
2010 Shaving by the Constitutional Tribunal
2010 (planned) Catalan regional elections
2012 (snap) Catalan regional elections

19. ‘Moderate’
Independentism?
2013 Decl. of Sovereignty & right to decide
2013 Via Catalana (Catalan Way)
2014 1st Illegal Catalan referendum (9N)
• 2,305,290 [41.6% turnout]
• 80% yes [33% census/ 30% population]
2015 (snap) Catalan regional elections

20. What happened in
the last two months?
2017 ‘Disconnection laws’
• 6/9 Self-determination Referendum Act
• 7-8/9 Legal Transition & Foundation of Republic Act
[See Martí, ‘The Catalan Self-Determination Referendum Act:
A New Legal Order in Europe’, Verfassungsblog,
17 Sep 2017, http://bit.ly/2ixs68J]
2017 2nd Illegal Catalan referendum (1O)
• 2,286,217 [43% turnout]
• Claim of 770,000 votes lost
• 92% yes [38% census / 27% population]

21. The referendum
itself
Ugly, brutal police violence scenes
However
• Major issues with reporting by the Catalan
Government itself (http://bit.ly/2gqWqgQ)
• Even bigger issues with social media and fake
news (eg use of old pics; http://bit.ly/2gdSOPN)
• Mobs against the police in their accommodation
and escraches to politicians not widely reported
Source: Avui, http://bit.ly/2xV9R4a

22. What (else) happened
in the last two
months?3O General strike to reject violent police activity in the
clamp-down of the vote
7O #parlem #hablamos
8O 1st Anti-independentism rally
17O Protest against the judicial decision to send Sanchez
and Cuixart to prison
21O 2nd Protest asking for freedom for Cuixart and Sanchez
+ anti-155 decision
25O Pro-independence rally in Barcelona and student
demonstrations through the week
28O Cancelled 2nd #hablamos #parlem demonstration
29O 2nd Anti-indepentism rally

23. Two King Speeches
3O First speech – call to stick to
Constitutional order
20O Second speech – resolve to neutralise
“unacceptable secession attempt”
• Strongly supported by speeches from
EU leaders present at the ceremony

24. In the meantime,
away from the streets
10O Declaration of Pres Puigdemont in Catalan
Parliament – Immediate suspension
11O Pres Rajoy demands clarification ex Art 155 SC1978
16O Puigdemont does not clarify position
17O Constitutional Tribunal quashes Referendum law
18O Rajoy offers exit via regional elections
19O Puigdemont does not provide any further
clarification – threatens Parliamentary vote
19O Central Government activates Art 155 SC1978
21O Extraordinary Council of Ministers’ meeting

25. Measures proposed
to Senate by
Spanish Gov
Autonomy not suspended, measures include
• Replacing Catalan government
• Potential regional elections within 6 months
• Subjecting Catalan administration to direct
ruling by Spanish central powers
• Oversight over public media (TV3)
• Catalan Parliament to continue operating,
subject to direct ruling from Senate
concerning new Catalan government

26. Catalan government’s
reaction to Art 155
Decision
Rejection of decision as “worse attack on
Catalan institutions since Franco regime”
and call for debate in Catalan Parliament
Initial rejection of fresh regional elections,
and subsequent backtracking—which
triggered pressures from coalition
partners (… “they treat us as a colony”)

27. The ‘Art 155’ week –
A tale of two Parliaments
• Mon: both Spanish Senate and Catalan Parls
establish order of meetings
• The ‘fight’ over Wednesday and Puigdemont’s
‘no show’ announcement
• Thu: ‘In extremis’ written submission to Senate
Commission, rumours of snap Catalan
elections—postponed and eventually cancelled
• Fri: vote on declaration of independence in
plenary session at Catalan Parliament, and
approval of Art 155 at plenary session of
Spanish Senate within the hour

28. The #fakeDUI
Approved by 70/135 votes, with over
50 MPs having abandoned the
plenary in protest
Significant concerns about the
process (secretive but not secret)
and the content of the vote, but
clear act of disobedience regardless

29. Approval of #Art155
214/266 votes, with 47 nays and 1 abstention
Introduced tweaks on measures proposed by
Spanish Government – most significantly, no
oversight/intervetion of Catalan public media*
‘Lightspeed’ publication in Spanish Official
Gazzette

30. International
reaction
Source: Diari Ara,
28 Oct 2017,
http://bit.ly/2ieJtYa

31. Does the constitutional
framework help us
make sense of this
mess?
Why the Central Government act the way it
did?
Why did the Catalan Government act the
way it did?
Why did the King act the way he did?

32. Criminal law
ramifications

33. Criminal law
ramifications
Why are there so many (so few) criminal
investigations going on?
How are these criminal cases affecting
political developments?

36. 9N (2014)
24 months due to aggravated disobedience
coupled with illegal expenditure of public funds
(€5.2mn), currently being dealt with by the
Spanish Court of Auditors

37. Now, what?
Everybody’s guess

38. The surprisingly
quiet weekend
No major events on Saturday
Recorded video of Mr Puigdemont on Sat
Newspaper column of Mr Junqueras on Sun

39. A choice of business as usual
vs dirty tricks from exile?
Some sacked members of Catalan
Gov appeared for work on Monday
Catalan Parliament accepted
disbandment and stopped activity
Mr Puigdemont and 5 others travel to
Brussels via Marseille (amidst
rumours of asylum applications)

40. Now, what?
Immediate developments in context of
criminal law cases likely to be problematic
and potentially give rise to civic unrest
Quo vadis Article 155 SC1978?
New regional elections to be held on
21 Dec 2017

41. What may new
elections bring?
Extremely difficult to forecast but, if
no surprises, likely to repeat 2015
results – but a break up of the
autonomist/independentist front
Could political parties be illegalised?
How big a backlash would that create?

43. Q&A