Nick Graham
The Catalan
Consulta
The 11th September, known as La Diada
in Catalonia, marks the commemoration,
reaching its tricentenary in 2014, of the
end of the Spanish War of Succession,
which resulted in centralised rule from
Madrid being imposed on Catalonia and
the abolition of its fueros - local privileges
and charters - which the kingdoms of
Aragon, Catalonia and Valencia had
jealously guarded for centuries.
Two years after a spectacular and spontaneous show of public
support for independence to commemorate La Diada led to early
elections to the region’s Parliament, Catalonia’s differences with
Madrid and the right wing People’s Party (PP) of Mariano Rajoy have
yet to be resolved. Much has changed since then. Spain’s economy,
at the macro-economic level at least, is at last showing signs of
recovery from a deep and costly recession, whilst Juan Carlos II, a
key figure during Spain’s transition to democracy following the death
of General Franco, has abdicated the throne to make way for his son,
Felipe VI. One of the newly appointed King’s first tasks is to mediate
between a region whose historic claims to self-government have
grown increasingly vociferous over the past few years, and a ruling
party of the right anchored in a stance of strict inmovilismo, or
intransigency, against such claims.
However, the resolution of Catalonia’s claims for independence via a
popular consultation has been far less straightforward than it was in
Scotland. This reflects not only the complex inter-regional as well as
intra -regional relationships that govern the myriad political factions
in Spain, but also the constitutional makeup of the post-Francoist
state. Spain’s constitution of 1978 does not allow for a single region
to declare its independence from the rest of Spain via a referendum
without the rest of the country voting on it as well. Unlike the British
constitution where there is no distinction between higher and
statute law, the Tribunal Constitucional, Spain’s highest court, is
empowered to annul any law, regional or national, it deems
incompatible with the constitution, such as Catalonia’s Law of
Consultations passed this September. It is this law that has provided
the basis for a planned referendum on independence, or ‘consulta’,
on the 9th November in Catalonia, an exercise staunchly opposed by
the ruling Partido Popular. However, the PP’s stance is also a political
one: Mariano Rajoy cannot easily defy a party base largely made up
Nick Graham
The Catalan
Consulta
(continued)
of the political descendants of those who ruled Spain under
General Franco and whose heartlands in Castile favour the strong
centralisation of power in Madrid. The dictatorship, lasting from
1939 until 1975, was one of 20th century Europe’s most repressive
regimes, aiming for the homogenisation of Spanish culture and
history through, amongst many other things, the banning of regional
languages, the changing of street names and the political persecution
of pro-independence parties and figures in Catalonia and the Basque
region. Since the country transitioned to democracy and enshrined
into law the constitutional arrangements that created 17 autonomous
communities recognising the country’s cultural, linguistic and
historic pluralism, Madrid and Catalonia have enjoyed a largely
peaceable if at times uneasy relationship. However, these arrangements
are now seen as antiquated in the eyes of many Catalans, the vast
majority of whom have no experience either of the Civil War or of
dictatorship. The Statute of Autonomy agreed upon in 2006 with
the then Socialist government of PM Jose Luis Zapatero, granted
the region greater fiscal autonomy from Madrid but failed to placate
calls for greater independence. The confluence of historic grievances
with the return to power of the right wing People’s Party and one of
the longest economic recessions in Spain’s recent history – Catalonia
and the Basque Country are much wealthier than the rest of Spain
and many feel that Catalonia’s economy is subsidising Spain’s poorer
regions, though its reliance on cheap labour from the South has
often been conveniently overlooked –have led to a situation in which
centre and periphery are once again at loggerheads, with little sign
of compromise on the part of either.
to go ahead – a risky strategy given that he will enter them as the
man who failed to bring about the consulta -, is increasingly at odds
with Jonquerras of ERC who has called for ‘civil disobedience’ on
November 9th in order to bring about a popular referendum.
Given its recognition of Spain’s cultural and political pluralism, the
post-Francoist system of autonomous communities was considered
a model of modernity and effective government in the years during
which Spain made its transition to democracy. However, the popular
fervour seen on the 11th September, together with an obstructionist
and centralising government in Madrid anchored to a stance of strict
constitutionalism, have left the Catalan question one of Europe’s
most intractable problems. Spain’s new King has the unenviable task
of trying to hold together what is an increasingly fractious union.
This dissatisfaction crystallised on December 12th 2013 with the
coming together of six regional parties dedicated to the independence
project, when it was agreed that the goal was a referendum in which
Catalans would be asked the question “Do you want Catalonia to be
a state, yes or no? If yes, do you want that state to be independent?”
As expected, the Tribunal Constitutional accepted the central
government’s swift appeal against the plan and declared it
unconstitutional. But a socio-economically heterogeneous alliance
such as the independence movement in Catalonia is also a very
fragile one. Convergencia i Unio, representative of Catalonia’s
business sector, are increasingly at odds with Esquerra Republicana
Catalana, a left-wing party committed to both independence and
republicanism, over the legality of the aforementioned consulta.
Ahead of the 9th November, Mas, committed to a path of strict
legality and hinting at more early elections should the plebiscite fail
Questions
Explain the advantages of the British constitution?
“Referendums are only won by those that
propose them.” Discuss.