Statute of Autonomy of Catalonia
Encyclopedia
The Statute of Autonomy of Catalonia provides Catalonia's basic institutional regulations. It defines the rights and obligations of the citizens of Catalonia
(Spain
), the political institutions of the Catalan nationality, their competences and relations with the rest of Spain
, and the financing of the Government of Catalonia
.
This Law was approved by referendum
18 June 2006 and supplants the Statute of Sau
, which dated from 1979.
was started by the Commonwealth of Catalonia (the Commonwealth of Catalonia).
In 1928, a project of Constitution was written in Havana
by exiled Catalonian nationalists.
Catalonia first obtained a Statute of Autonomy in 1932, during the Second Spanish Republic
. This law was abolished by General Francisco Franco
after the Spanish Civil War
, largely because Catalonia had been a region generally opposed to Franco's Nacionales forces. During periods of his rule, public usage of the Catalan language and culture, and more specifically, Catalan self-government were harshly suppressed.
In 1979, during the Spanish transition to democracy
, the second Statute
was approved by referendum.
On June 18, 2006, a referendum
amending the Statute of Autonomy of Catalonia of 1979
to further expand the authority of the Generalitat de Catalunya, Catalonia's government, was approved, and became effective on 9 August 2006.
This referendum was noted for its voter turnout
being below 50%.
It was also noted for its uneasy forging, since tensions regarding its final edit within the coalition government which originally promoted the Statute led to an early regional election in 2006
.
within the Kingdom of Spain
, with the status of historical region
in the Spanish Constitution of 1978
. In September 2005, the Parliament of Catalonia
approved the definition of Catalonia as a 'nation' in the preamble
of the new Statute of Autonomy (autonomous basic law).
The 120 delegates of all parties (CiU, PSC, ERC, ICV-EA) with the exception of the 15 delegates of the Partido Popular approved this definition.
In the opinion of the Spanish Government this has a 'declaratory' but not a 'legal' value, since the Spanish Constitution recognises the indissoluble "unity of the Spanish Nation".
The Generalitat de Catalunya
is the institution in which the self-government of Catalonia is politically organised. It consists of the Parliament
, the President of the Generalitat
and the Executive Council or Government of Catalonia
.
The Statute of Autonomy gives the Generalitat of Catalonia the powers which enable it to carry out the functions of self-government. These can be exclusive, concurrent and shared with the Spanish State or executives. The Generalitat holds jurisdiction in various matters of culture, education, health, justice, environment, communications, transportation, commerce, public safety and local governments. Catalonia has its own police force, the Mossos d'Esquadra
, although the Spanish government keep agents in the region for matters relating to border control, terrorism and immigration.
Most of the justice system is administered by Spanish judicial institutions. The legal system is uniform throughout Spain, with the exception of so-called "civil law
", which is administered separately within Catalonia.
have pointed out what they describe as an "identity obsession" amongst most Catalan politicians and the media establishment. They quote the unprecedently high abstention
in the referendum regarding the Statute
as a symptom of those cited sectors being out of synch with the populace at large. On the opposite side, Catalan left-wing separatists, such as Republican Left of Catalonia (ERC) or C.U.P, think that the statute does not give Catalonia sufficient self government. They cite the high abstention as evidence that Catalans desired further self-government but felt disappointed with what the statute offered.
(the main opposition party at the Spanish Parliament). The objections are based on various topics such as disputed cultural heritage
but, especially, on the Statute's alleged breaches of the "solidarity between regions" principle in fiscal and educational matters enshrined by the Spanish Constitution of 1978
.
The Catalan political arena largely viewed this debate as a sort of cultural war waged by "Spanish nationalists"
(espanyolistes in Catalan
). In response, four of the six political parties represented at the Catalan parliament—Convergence and Union, the Catalan Socialists
, Republican Left of Catalonia, and Catalan green party
—reached an agreement to fight together at the Spanish Senate
to reform the Constitutional Court of Spain
, and hopefully nullify the possibility of an overturn of the Catalan Statute of Autonomy. This pact was particularly interesting because, aside from the fact that they all pertain to various degrees of Catalan nationalism
, the four parties differ greatly in political ideology, and together, they form nearly 80% of the Catalan Parliament. However, this attempt was largely unsuccessful.
The Constitutional Court of Spain
assessed the constitutionality of the challenged articles and its binding assessment was released on June 28 of 2010. By a 6 to 4 majority, the Court's justices rewrote 14 articles and dictated the interpretation for 27 more, mainly relating to language, justice and fiscal policy. The judgment reassured that the term "nation" used in the preamble has no legal standing. Overall, the judgment left 95% of the originally ballot-approved Statute otherwise constitutional.
Catalonia
Catalonia is an autonomous community in northeastern Spain, with the official status of a "nationality" of Spain. Catalonia comprises four provinces: Barcelona, Girona, Lleida, and Tarragona. Its capital and largest city is Barcelona. Catalonia covers an area of 32,114 km² and has an...
(Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
), the political institutions of the Catalan nationality, their competences and relations with the rest of Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, and the financing of the Government of Catalonia
Government of Catalonia
The Government of Catalonia is the executive branch of the Generalitat de Catalunya. It is responsible for the political action, reglamentation and administration of the Generalitat....
.
This Law was approved by referendum
Catalan constitutional referendum, 2006
A referendum on the new Statute of Autonomy of Catalonia was held in Catalonia, Spain, on June 18, 2006. The referendum was successful and the new statute came into effect on August 9, 2006....
18 June 2006 and supplants the Statute of Sau
Statute of Autonomy of Catalonia of 1979
The Statute of Autonomy of Catalonia is a constitutional law defining the region of Catalonia as an autonomous community within the Kingdom of Spain. It was promulgated on 18 September 1979. It is one of seventeen such statutes granted, in various forms and capabilities, to the different...
, which dated from 1979.
History
In 1919, a first project of StatuteStatute of Catalonia of 1919
The Project of Statute of Catalonia of 1919 started in a pro-autonomist environment and it was approved by the Assembly of the Commonwealth of Catalonia in Barcelona, the 24 January of 1919 with all the support of the Catalan parties: The Partit Català Republicà took this Statute as its main...
was started by the Commonwealth of Catalonia (the Commonwealth of Catalonia).
In 1928, a project of Constitution was written in Havana
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...
by exiled Catalonian nationalists.
Catalonia first obtained a Statute of Autonomy in 1932, during the Second Spanish Republic
Second Spanish Republic
The Second Spanish Republic was the government of Spain between April 14 1931, and its destruction by a military rebellion, led by General Francisco Franco....
. This law was abolished by General Francisco Franco
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
after the Spanish Civil War
Spanish Civil War
The Spanish Civil WarAlso known as The Crusade among Nationalists, the Fourth Carlist War among Carlists, and The Rebellion or Uprising among Republicans. was a major conflict fought in Spain from 17 July 1936 to 1 April 1939...
, largely because Catalonia had been a region generally opposed to Franco's Nacionales forces. During periods of his rule, public usage of the Catalan language and culture, and more specifically, Catalan self-government were harshly suppressed.
In 1979, during the Spanish transition to democracy
Spanish transition to democracy
The Spanish transition to democracy was the era when Spain moved from the dictatorship of Francisco Franco to a liberal democratic state. The transition is usually said to have begun with Franco’s death on 20 November 1975, while its completion has been variously said to be marked by the Spanish...
, the second Statute
Statute of Autonomy of Catalonia of 1979
The Statute of Autonomy of Catalonia is a constitutional law defining the region of Catalonia as an autonomous community within the Kingdom of Spain. It was promulgated on 18 September 1979. It is one of seventeen such statutes granted, in various forms and capabilities, to the different...
was approved by referendum.
On June 18, 2006, a referendum
Catalan constitutional referendum, 2006
A referendum on the new Statute of Autonomy of Catalonia was held in Catalonia, Spain, on June 18, 2006. The referendum was successful and the new statute came into effect on August 9, 2006....
amending the Statute of Autonomy of Catalonia of 1979
Statute of Autonomy of Catalonia of 1979
The Statute of Autonomy of Catalonia is a constitutional law defining the region of Catalonia as an autonomous community within the Kingdom of Spain. It was promulgated on 18 September 1979. It is one of seventeen such statutes granted, in various forms and capabilities, to the different...
to further expand the authority of the Generalitat de Catalunya, Catalonia's government, was approved, and became effective on 9 August 2006.
This referendum was noted for its voter turnout
Voter turnout
Voter turnout is the percentage of eligible voters who cast a ballot in an election . After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s...
being below 50%.
It was also noted for its uneasy forging, since tensions regarding its final edit within the coalition government which originally promoted the Statute led to an early regional election in 2006
Catalan Parliament election, 2006
Elections to the Parliament of the Autonomous Community of Catalonia, Spain, were held on November 1, 2006.-Background:The November 2006 Catalan parliament election was an early one...
.
Data
- The 1931 referendum on the Statute of Autonomy registered a voter turnoutVoter turnoutVoter turnout is the percentage of eligible voters who cast a ballot in an election . After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s...
of 75.13%, of which 99.49% voted favourably to its passing, according to the official results released.
- The 1979 referendum on the Statute of Autonomy registered a voter turnout of 59.7%, of which 88.1% voted favorably.
- The 2006 referendum on the current version of the Statute registered a voter turnout of 48.85%. Of the total votes, 73.24% were in favour of the new Statute, while 20.57% were against.
Self-government under the statute
Catalonia is an Autonomous CommunityAutonomous communities of Spain
An autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...
within the Kingdom of Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, with the status of historical region
Historical regions in Spain
Nationalities or historical nationalities , in Spain, is the term used to refer to specific regions that were granted by the 1978 Constitution a special status as Autonomous Communities....
in the Spanish Constitution of 1978
Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
. In September 2005, the Parliament of Catalonia
Parliament of Catalonia
The Parliament of Catalonia is the unicameral legislature of Catalonia. It is formed by 135 members , who are elected every four years in ordinary period, or extraordinarily upon dissolution and call of elections by the President of Catalonia, by universal suffrage in proportional lists with four...
approved the definition of Catalonia as a 'nation' in the preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
of the new Statute of Autonomy (autonomous basic law).
The 120 delegates of all parties (CiU, PSC, ERC, ICV-EA) with the exception of the 15 delegates of the Partido Popular approved this definition.
In the opinion of the Spanish Government this has a 'declaratory' but not a 'legal' value, since the Spanish Constitution recognises the indissoluble "unity of the Spanish Nation".
The Generalitat de Catalunya
Generalitat de Catalunya
The Generalitat of Catalonia is the institution under which the autonomous community of Catalonia is politically organised. It consists of the Parliament, the President of the Generalitat of Catalonia and the Government of Catalonia....
is the institution in which the self-government of Catalonia is politically organised. It consists of the Parliament
Parliament of Catalonia
The Parliament of Catalonia is the unicameral legislature of Catalonia. It is formed by 135 members , who are elected every four years in ordinary period, or extraordinarily upon dissolution and call of elections by the President of Catalonia, by universal suffrage in proportional lists with four...
, the President of the Generalitat
President of the Generalitat de Catalunya
The President of the Generalitat of Catalonia is the head of government of Catalonia. The president leads the executive branch of the regional government....
and the Executive Council or Government of Catalonia
Government of Catalonia
The Government of Catalonia is the executive branch of the Generalitat de Catalunya. It is responsible for the political action, reglamentation and administration of the Generalitat....
.
The Statute of Autonomy gives the Generalitat of Catalonia the powers which enable it to carry out the functions of self-government. These can be exclusive, concurrent and shared with the Spanish State or executives. The Generalitat holds jurisdiction in various matters of culture, education, health, justice, environment, communications, transportation, commerce, public safety and local governments. Catalonia has its own police force, the Mossos d'Esquadra
Mossos d'Esquadra
The Mossos d'Esquadra are the police force of Catalonia, one of the autonomous communities of Spain. It is the oldest civil police force in Europe, founded in the 18th century as the Esquadres de Catalunya to protect the people of Catalonia....
, although the Spanish government keep agents in the region for matters relating to border control, terrorism and immigration.
Most of the justice system is administered by Spanish judicial institutions. The legal system is uniform throughout Spain, with the exception of so-called "civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
", which is administered separately within Catalonia.
Criticism
A number of intellectuals critical of Catalan nationalismCatalan nationalism
Catalan nationalism or Catalanism , is a political movement advocating for either further political autonomy or full independence of Catalonia....
have pointed out what they describe as an "identity obsession" amongst most Catalan politicians and the media establishment. They quote the unprecedently high abstention
Abstention
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by...
in the referendum regarding the Statute
Catalan constitutional referendum, 2006
A referendum on the new Statute of Autonomy of Catalonia was held in Catalonia, Spain, on June 18, 2006. The referendum was successful and the new statute came into effect on August 9, 2006....
as a symptom of those cited sectors being out of synch with the populace at large. On the opposite side, Catalan left-wing separatists, such as Republican Left of Catalonia (ERC) or C.U.P, think that the statute does not give Catalonia sufficient self government. They cite the high abstention as evidence that Catalans desired further self-government but felt disappointed with what the statute offered.
Legal challenge & the Catalans' response
The Statute has been legally contested by the surrounding Autonomous Communities of Aragon, Balearic Islands and the Valencian Community, as well as by the Partido PopularPeople's Party (Spain)
The People's Party is a conservative political party in Spain.The People's Party was a re-foundation in 1989 of the People's Alliance , a party led and founded by Manuel Fraga Iribarne, a former Minister of Tourism during Francisco Franco's dictatorship...
(the main opposition party at the Spanish Parliament). The objections are based on various topics such as disputed cultural heritage
Cultural heritage
Cultural heritage is the legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations...
but, especially, on the Statute's alleged breaches of the "solidarity between regions" principle in fiscal and educational matters enshrined by the Spanish Constitution of 1978
Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
.
The Catalan political arena largely viewed this debate as a sort of cultural war waged by "Spanish nationalists"
Spanish nationalism
Spanish nationalism is the social, political and ideological movement which has shaped Spain's national identity since the 19th century.Spanish nationalism is not an irredentist nationalism per se, the only territorial revindication identified as actually being "national" as such having been...
(espanyolistes in Catalan
Catalan language
Catalan is a Romance language, the national and only official language of Andorra and a co-official language in the Spanish autonomous communities of Catalonia, the Balearic Islands and Valencian Community, where it is known as Valencian , as well as in the city of Alghero, on the Italian island...
). In response, four of the six political parties represented at the Catalan parliament—Convergence and Union, the Catalan Socialists
Socialists' Party of Catalonia
The Socialists' Party of Catalonia is a social-democratic political party in Catalonia, Spain resulting from the merge of two parties PSC Reagrupament led by Josep Pallach i Carolà and PSC Comgres. It is the Catalan referent of the Spanish Socialist Workers' Party , and its Aranese section is...
, Republican Left of Catalonia, and Catalan green party
Initiative for Catalonia Greens
Initiative for Catalonia Greens is a political party in Catalonia, Spain. It was formed as a merger of Iniciativa per Catalunya and Els Verds. IC had been an alliance led by Partit Socialista Unificat de Catalunya and was the equivalent of Izquierda Unida in Catalonia...
—reached an agreement to fight together at the Spanish Senate
Spanish Senate
The Senate of Spain is the upper house of Spain's parliament, the . It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.The last election...
to reform the Constitutional Court of Spain
Constitutional Court of Spain
thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
, and hopefully nullify the possibility of an overturn of the Catalan Statute of Autonomy. This pact was particularly interesting because, aside from the fact that they all pertain to various degrees of Catalan nationalism
Catalan nationalism
Catalan nationalism or Catalanism , is a political movement advocating for either further political autonomy or full independence of Catalonia....
, the four parties differ greatly in political ideology, and together, they form nearly 80% of the Catalan Parliament. However, this attempt was largely unsuccessful.
The Constitutional Court of Spain
Constitutional Court of Spain
thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
assessed the constitutionality of the challenged articles and its binding assessment was released on June 28 of 2010. By a 6 to 4 majority, the Court's justices rewrote 14 articles and dictated the interpretation for 27 more, mainly relating to language, justice and fiscal policy. The judgment reassured that the term "nation" used in the preamble has no legal standing. Overall, the judgment left 95% of the originally ballot-approved Statute otherwise constitutional.
See also
- CataloniaCataloniaCatalonia is an autonomous community in northeastern Spain, with the official status of a "nationality" of Spain. Catalonia comprises four provinces: Barcelona, Girona, Lleida, and Tarragona. Its capital and largest city is Barcelona. Catalonia covers an area of 32,114 km² and has an...
- Draft of New Statute of Autonomy for Catalonia of 2005Draft of New Statute of Autonomy for Catalonia of 2005The Draft of New Statute of Autonomy for Catalonia of 2005 was a reform proposal regarding Catalonian self-government. The Autonomous Community of Catalonia is in the northeast corner of Spain....
- Generalitat de CatalunyaGeneralitat de CatalunyaThe Generalitat of Catalonia is the institution under which the autonomous community of Catalonia is politically organised. It consists of the Parliament, the President of the Generalitat of Catalonia and the Government of Catalonia....
- Autonomous communities of SpainAutonomous communities of SpainAn autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...
- Spanish transition to democracySpanish transition to democracyThe Spanish transition to democracy was the era when Spain moved from the dictatorship of Francisco Franco to a liberal democratic state. The transition is usually said to have begun with Franco’s death on 20 November 1975, while its completion has been variously said to be marked by the Spanish...
- Statute of AutonomyStatute of AutonomyNominally, a Statute of Autonomy is a law hierarchically located under the constitution of a country, and over any other form of legislation...
- 2010 Catalan autonomy protest2010 Catalan autonomy protestThe 2010 Catalan autonomy protest was a demonstration in central Barcelona on 10 July 2010 against limitations of the autonomy of Catalonia within Spain, and particularly against a recent decision of the Spanish Constitutional Court to annul or reinterpret several articles of the 2006 Statute...
External links
- Full text of the 2006 Statute (in PDF)
- Full text of the 2006 Statute
- Catalonia endorses autonomy plan BBC News. 19 June 2006.