This is a draft presentation I am preparing for a lecture on the Catalan independentism challenge of September and October 2017, and how to assess it under the Spanish constitutional framework.

1. Understanding the
Catalan Conflict from a
Spanish Constitutional
Perspective
Dr Albert Sanchez-Graells
30 October 2017 (draft as of 21 Oct 2017)
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)

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 Court rules on conflicts

8. Spanish constitutional
framework—basics V
Commonly understood as
‘suspension of Autonomy’
Untested – 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. 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 Court
2010 (planned) Catalan regional elections
2012 (early) Catalan regional elections

17. ‘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 (early) Catalan regional elections

18. What happened in
the last two months?
2017 ‘Disconnection laws’
• 6/9 Self-determination referendum act
• 7-8/9 Legal transition and foundation of
the [Catalan] Republic Act
2017 2nd Illegal Catalan referendum (1O)
• 2,286,217 [43% turnout]
• Claim of 770,000 votes lost
• 92% yes [38% census / 27% population]

19. 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

20. 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 Anti-independentism rally
17O Protest against the judicial decision
to send Sanchez and Cuixart to prison

21. In the meantime,
away from the streets
10O Declaration of Pres Puigdemont in Catalan
Parliament – Immediate suspension
11O Pres Rajoy demands clarification
16O Puigdemont does not clarify position
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
27O Senate to greenlight Art 155 intervention

22. Measures proposed
to Senate for vote
(27O?)
Autonomy not suspended, measures include
• Replacing Catalan government
• Subjecting Catalan administration to direct
ruling by Spanish central powers
• Catalan Parliament to continue operating,
subject to direct ruling from Senate
concerning new Catalan government
• Potential regional elections within 6 months

23. 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?

24. Criminal law
ramifications

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

28. 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

29. Now, what?
Everybody’s guess

30. Now, what?
Quo vadis Article 155 SC1978?
• New regional elections to be called by April 2018 at the
latest (subject to Senate approval of measures)
Push, push, push … to force international mediation?
Any place for an Independent Catalonia in the EU and in the
wider world?
(cfr Fischer, ‘Europe’s Attackers From Within’, Project Syndicate,
17 Oct 2017, http://bit.ly/2xV41j1; and Weller, ‘Secession and Self-
determination in Western Europe: The Case of Catalonia’,
EJIL:Talk!, 18 Oct 2017 http://bit.ly/2gsfcIC)

31. Q&A