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Showing posts with label Spanish Constitution. Show all posts
Showing posts with label Spanish Constitution. Show all posts

10/28/17

Spain: Catalonia: Not one country in the world has so-far recognized Catalonia's declaration of independence

Carles Puigdemont: "to be or not to be?"
Spain’s Senate on Friday voted to grant Madrid powers to impose direct rule on Catalonia, shortly after the semi-autonomous region’s parliament approved a motion declaring independence
.
Herewith are five questions about what it means to make a unilateral declaration of independence:

Known by its acronym UDI, the term was first coined in 1965 when the former Rhodesia’s minority white government declared unilateral independence from British colonial rule.

The process itself is when a new state is established within an existing country, declaring itself sovereign and independent without the consent of the entity, country or state from which it is seceding.

“Any entity has the right to declare its independence. But to become a state that of course requires a territory, a population and authorities,” said Jean-Claude Piris, a Brussels-based international law consultant and former EU legal services director for 23 years.

“But what matters most is recognition by the international community,” he said. “Everyone has the right to issue a declaration of independence, but that in itself has no international consequence.”
Piris said very few countries will recognize Catalonia and “I guarantee you no one will recognize them” in the EU.

“Therefore it will remain an empty declaration: Catalonia will not be represented in international organizations, they will not sit in the EU, they will not be able to do anything and legally they will remain part of Spain,” he said.

Is Catalonia’s UDI legal and what will happen next: -

“What matters now is what will happen nationally and in the streets,” said Piris.

“Are there going to be demonstrations, barricades? Will people accept and submit” if Spain triggers Catalan guardianship . . . “or will there be violence?”

Spain “experienced a civil war not so long ago and just before World War II,” Piris pointed out.

If Catalonia becomes an independent state the implications “cannot be underestimated” said Narin Idriz, a researcher at the Hague-based Asser Institute
.
“All European Union member states cherish their territorial integrity, they will not want the same thing to happen to them, therefore it will be very difficult to find any support,” she said.

Bottom-line: at this point deposed Catalan leader Mr. Carles Puigdemont declaration of independence is not recognized by any country, and he personally risks arrest if he continues to defy the Spanish Constitution.

EU-Digest

10/26/17

Spain: Catalonia braces for Spain takeover as two sides remain deadlocked - by M. Fiske and L.King

In a crowd outside Catalonia's ornate regional headquarters in Barcelona, two men argued fervently. One was for independence from Spain, the other against.

Like others elsewhere in Catalonia, Xaui Nicolau, 41, and Juan Antonio Martinez, 67, argued over whether the northeastern region's president, Carles Puigdemont, had miscalculated by refusing to renounce secessionist aims.

Puigdemont, in a speech Thursday, ruled out early parliamentary elections — some observers thought holding the elections might help stave off Madrid's takeover — but not independence.

Now, with the Spanish government poised to strip Catalonia of its regional autonomy and remove Puigdemont as soon as Saturday, Nicolau said a unilateral declaration of independence was "the only option" remaining.

But Martinez, like officials in Madrid, staunchly insisted that Catalonia's independence drive was illegal. "It's the way you did it," he said. "It's not constitutional." Spain's Senate is to vote Friday on implementing direct rule in Catalonia to quell its independence bid — a step never before taken in Spain's democratic era by the central government.

After Puigdemont spoke, the regional parliament convened to try to plot a course in the face of Spain's looming deadline. The talk continued into the night before recessing until Friday morning.

Read more: - Catalonia braces for Spain takeover as two sides remain deadlocked – LA Times

10/19/17

Spain: Catalonia Rebels Ignore Spanish Government Ultimatrum: Spain to suspend Catalan autonomy

The Spanish government on Thursday vowed to go ahead with taking direct control of Catalonia after accusing regional President Carles Puigdemont of failing to comply with its ultimatum to clarify whether he had declared independence.

Prime Minister Mariano Rajoy said in a statement that he will convene a cabinet meeting on Saturday to propose a series of measures under the framework of Article 155 of the Constitution — which allows “all measures necessary to compel” a region to abide by the law— and send them to the Senate for approval.

“The Spanish government has noted … the refusal of the president of the Generalitat of Catalonia [the regional executive] to comply with the requirement … to report in a clear and precise way if any authority of Catalonia had proceeded to declare independence,” the statement said.

Read more: Spain to suspend Catalan autonomy – POLITICO

10/10/17

Spain:Unity Survives, as Catalan local government suspends declaration of independence

Catalan president, Carles Puigdemont 
suspends declaration of independence
The Catalan president, Carles Puigdemont, has pulled the region back from the brink of an unprecedented showdown with the Spanish government by announcing that he will suspend a declaration of independence to pursue negotiations in the hope of resolving Spain’s worst political crisis for 40 years.

Addressing the Catalan parliament on Tuesday evening, Puigdemont said that while the recent referendum had given his government a mandate to create an independent republic, he would not immediately declare unilateral independence from Spain.

“We propose the suspension of the effects of the declaration of independence for a few weeks, to open a period of dialogue,” he said.

“If everyone acts responsibly the conflict can be resolved in a calm and agreed manner.”

Hours before the announcement, Donald Tusk, the president of the European Council, had appealed to Puigdemont to step back from a unilateral declaration of independence and begin dialogue with the Spanish prime minister, Mariano Rajoy.

Rajoy has shown himself willing to take the drastic step of invoking article 155 of the Spanish constitution, which allows the central government to take control of an autonomous region if it “does not fulfill the obligations imposed upon it by the constitution or other laws, or acts in a way that is seriously prejudicial to the general interest of Spain”.

The Spanish prime minister has repeatedly pointed out that the referendum and the laws underpinning it are a violation of the Spanish constitution, which is based “on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards”.

His government insists the Catalan question is an internal Spanish matter, and has promised to use all the legal and constitutional means at its disposal to try to stop the regional government’s manoeuvres. It has also deployed thousands of Guardia Civil and national police officers to Catalonia.

Note EU-Digest: Some background on Catalonia and their quest for independence: 


Catalonia has a total population of 7.5 million people. 

On the October 1, polling results, reported by the Catalan government, from the illegally declared referendum by the Spanish government -  it showed the "Yes" side had "won", with 2,044,038 (92.01%) voting for independence and 177,547 (7.99%) voting against, on a turnout of only 43.03% of the eligible voters.

Even though the referendum was held, it must be noted that based on Catalan law, the referendum should not have been held  re: Catalan Statutes of Autonomy - which states that a two third majority is required in the Catalan parliament, before any changes to the Catalonia's Political status can be made.

There was no 2/3 majority, when the vote was held in the Catalan parliament, to approve the holding of a referendum.  It was, however, decided by the ruling parties in the Catalan parliament that a simple majority vote in the Catalan parliament would be sufficient to hold the referendum  

In addition, the holding of the referendum itself, was also declared illegal, based on the Statutes of the Spanish Constitution.  Consequently the holding of a Catalan referendum was also suspended by the "Constitutional Court of Spain" on 7 September 2017. 

Nevertheless, Mr. Carlos Puigdemont still went ahead with the referendum.

Bottom-line the Catalan government, and its President Carles Puigdemont broke every Spanish law there was to break. 

Mr. Puigdemont and several of his cohorts can consider themselves very lucky not to have already been arrested and prosecuted. It could, however, still happen, if they continue to pursue this absurd nationalistic goal. 

EU-Digest

Spain-Crises: EU again urges dialogue to end Catalan crisis

The European Commission repeated its call for dialogue in Spain to end the crisis in Catalonia amid concerns that the Catalan regional authorities could declare independence on Tuesday.

“We called on all those concerned to get of this confrontation as quickly as possible and to start dialogue,” a spokesman for the EU executive said in answer to a question on how the Commission might respond to such a declaration. 

“Violence, as we said, can never be a political tool,” he told reporters, recalling a statement made last week. “And we expressed our confidence in the capacity of Prime Minister (Mariano) Rajoy to manage this delicate process in full respect of the Spanish constitution and the basic fundamental rights of the citizens.”

Read more: EU again urges dialogue to end Catalan crisis

Spain Readies Forces Able to Seize Catalan Leader Today if He Declares Catalan Independence - S.R Smyth and E.Duarte

Viva España un miembro de la Unión Europea
Spanish police are ready to arrest Catalan President Carles Puigdemont immediately if he declares independence in the regional parliament, according to two people familiar with the government’s plans.

While a final decision on whether to act has not yet been taken, Spain’s National Police force has elite officers deployed in Catalonia who are prepared to join a raid if Catalan police try to shield Puigdemont, said one of the people. If Puigdemont makes a statement that falls short of immediate independence, the government in Madrid may stay its hand.

The president is likely to use the words “declaration of independence,” but they will probably be qualified or hedged in some way, according to another person familiar with his plans. The Catalan government spokesman declined to comment on Puigdemont’s speech at a press briefing in Barcelona on Tuesday.

Puigdemont is due to address the regional legislature at 6 p.m with many of his supporters looking for him to announce a new republic to follow through on the illegal referendum held on Oct. 1. With his core supporters demanding he make good on the illegal vote for independence and officials in Madrid urging Prime Minister Mariano Rajoy to finally crack down on the separatist campaign, Puigdemont’s rebellion may be running out of road.

Rajoy has insisted all along that he’ll use only proportionate force in relation to the separatist government in Barcelona. Even so, prosecutors have been exploring charges of sedition against other separatist leaders including Jordi Sanchez, head of the biggest pro-independence campaign group. Sedition carries a jail term of up to 15 years.

The National Police and the Civil Guard have sufficient officers in place to overcome any resistance they might meet, according to one of the people familiar with the government’s preparations. Both people asked not to be named discussing confidential plans.

Read more: Spain Readies Forces Able to Seize Catalan Leader Today - Bloomberg

10/5/17

Spain: Catalonia moves to declare independence from Spain on Monday - by Thomson Reuters

Catalonia will move on Monday to declare independence from Spainmafter holding a banned referendum, pushing the European Union nation toward a rupture that threatens the foundations of its young democracy.

Catalan President Carles Puigdemont said he favoured mediation to find a way out of the crisis, but that Spain's central government had rejected this. Prime Minister Mariano Rajoy's government responded by calling on Catalonia to "return to the path of law" first before any negotiations.

Mireia Boya, a Catalan lawmaker from the pro-independence Popular Unity Candidacy party, said a declaration of independence would follow aparliamentary session on Monday to evaluate the results of the Oct. 1 vote to break away.

"We know that there may be disbarments, arrests.… But we are prepared, and in no case will it be stopped," she said on Twitter.

In a televised address on Wednesday night, Puigdemont said: "This moment calls for mediation. We have received various offers in the last hours and we will receive more. All of them know I am ready to start a mediation process."

Then he said, "Dialogue and agreement are part of the political culture of our people. However, the state has not given any positive answer to those offers."

Note EU-Digest: This has nothing to do with Democracy. The referendum was forbidden by
Spain's High Court and also the Government


Already on two occasions only 41 % of the Catalan  province participated in the referendum. 

The Catalan leader actions are irresponsible, causing civil unrest, and he should be prosecuted.

Read more: CBC news Spain 

9/30/17

Spain: Hundreds protest against Catalonia independence vote in Barcelona

Hundreds of people took to the streets of the Catalan capital Barcelona on Saturday, to denounce the upcoming referendum on the region’s separation from Spain. The vote is scheduled to take place on Sunday.

Anti-independence protesters carrying Spanish flags gathered in front of the Catalan government building in Barcelona. At the same time, hundreds rallied in the Spanish capital Madrid, also to protest Sunday’s referendum.

Read more: Hundreds protest against Catalonia independence vote in Barcelona — RT Newsline

9/12/17

Spain Catalonia: Ballot papers for banned referendum to be seized

The vote on breaking away from Spain, planned for 1 October, has been suspended by the constitutional court.

But Catalonia's pro-independence government says it will still go ahead.

As a result, the Public Prosecutor's Office instructed security forces to take everything which could help with the "consummation of the crime".

This includes promotional materials and the ballots themselves, Spanish newspaper El Pais reports [in Spanis

The order came as Spanish tennis champion Rafael Nadal came out strongly against the plans.
 
Read more: Spain Catalonia: Ballot papers for banned referendum to be seized - BBC News