The ruling expressly emphasises that the parliamentary resolution not only violates five constitutional articles, but also two of Catalonia’s Statute, and it slams the arguments of independence supporters by claiming that democracy is not possible outside the rule of law enshrined in the 1978 Constitution. A constitutional referendum was held in Spain on Wednesday, 6 December 1978, to gauge support for either the ratification or repealing of the Spanish Constitution which had been approved by the Cortes Generales on 31 October 1978. %PDF-1.6 %���� Catalan Independence: Spain May Use Constitution to Block Referendum. The figure is even smaller in the case of PDECat sympathisers (18.7%), ERC (9.4%) and the CUP (5.9%), all of whom are hoping to draft a new Constitution: the Catalan Republic’s. The Constitution recognizes the existence of nationalities and regions (Preliminary Title). Article 3 1. After the death of General Francisco Franco, the Spanish nationalist right was exhausted and unable to sustain an authoritarian regime that had isolated Spain from Europe and was rejected by the large majority of the population. In response, Madrid invoked something that's been described, alternately, as a … In 2006, Catalonia decided to create a new statute, which would give the region greater freedom in regards to taxation, judicial proceedings, and the status of Catalan. Spanish Constitution of 1978. The drafting of the 1978 Spanish Constitution was the first time in Spanish history that the country's defining text had been decided by a process of consensus and then later approved by the Spanish people at referendum. The Spanish Constitution of 1978 emerged and so did Catalan as an individual language within Spain, and as the official language of Catalonia (Barcelona's Languages). "Dual vote" and current affairs. Just minutes before, Catalonia had voted to declare independence from Spain. The fall of Franco revitalized Catalan autonomy under the 1978 Spanish constitution– autonomy which was furthered by a 2006 statute which even described Catalonia as a “nation.” The Scottish and Catalan flags were seen at the same rallies. Not that it would be impossible, but the Constitution would have to be amended for it to happen. Article 155 of the 1978 Spanish Constitution allows for the suspension of Catalonia's autonomy [Reuters] 27 Oct 2017. The new Spanish constitution of 6th November, 1978, arguably the most liberal in western Europe, heralded a radical transformation from a dictatorship to a democratic government in Spain. Spanish Constitution Of 1978. The Spanish Constitution Article 155 • Within the Constitution of 1978, Article 155 was included to ensure the fulfillment of constitutional obligations by all Autonomous Communities, including Catalonia. The Spanish Constitution was approved in 1978 by a referendum of all Spanish people. Since then, Madrid has been adamantly opposed to an independence referendum, arguing that it is illegal according to the 1978 Spanish constitution (which … In fact, some of the ACs did not even exist as differentiated entities before the political process countenanced by the Constitution of 1978. The Spanish Constitution of 1978 created the institution of the Ombudsman as «high commissioner» of the Cortes Generales to guarantee the defence and protection of fundamental rights. 2), while the «Spanish people» is established as the unique subject of «national sovereignty» (art. Spanish PM Rajoy has remained vague on whether he would use article 155, the nuclear option of the constitution … December 4, 2017 | Carles Puigdemont, Catalonia, Secession, separatism, Spanish Constitution of 1978. The Catalan authorities say around 90 percent of those who voted supported a split from Spain. Catalonia is an Autonomous Community within the Kingdom of Spain, with the status of historical region in the Spanish Constitution of 1978. the Constitution of 1978 does not provide expressly for a referendum of the characteristics noted above, in line with the provisions of Articles 1 and 2 of the Constitution. He is due to make a statement on TV at 9pm local time on Wednesday. 22/11/2017angelaWriter and former Scottish Parliament press officer Alastair Stewart takes a look at the differences between Scotland and Catalonia's independence questions WAS the Catalan vote for independence illegal? Referendum. In the Spanish Constitution of 1978 Catalonia, along with the Basque Country and Galicia, was defined as a "nationality".The same constitution gave Catalonia the automatic right to autonomy, which resulted in the Statute of Autonomy of Catalonia of 1979. Spain's top court has officially ruled that Catalonia's disputed independence referendum was illegal because a regional law that backed it was against Spain's constitution. Catalonia Plans To Declare Independence From Spain On Monday. A constitutional referendum was held in Spain on Wednesday, 6 December 1978, to gauge support for either the ratification or repealing of the Spanish Constitution which had been approved by the Cortes Generales on 31 October 1978. ... A new 1978 national constitution granted Catalonia autonomy again. 11 Things To Know About Catalonia… Speaking to the BBC on Tuesday night, Puigdemont said once the government had a final tally of votes, it would “act at the end of this week or the beginning of next”. The Rajoy government justifies its stance by falsely claiming the 1978 Spanish constitution prevents it from granting Catalonia a Scottish-style referendum. BARCELONA/MADRID, Oct 4 (Reuters) - Catalonia will move on Monday to declare independence from Spain following Oct. 1′s banned. Search. The Constitution is politically dead in Catalonia, they often say, because the spirit of the document has not been honored by the Spanish state. Puigdemont claims the Catalan administration is simply acting on democratic grounds, given that more than … Catalonia was granted the status of an autonomous community in the Spanish Constitution of 1978 and in the Statute of Autonomy of Catalonia of 1979 and 2006. 1978. Two of Spain’s seven founding fathers, responsible for the country’s current constitution, are of Catalan origin. These nationalities and regions are left unnamed in the Constitution. According to Article 1 of the 1978 Spanish Constitution, “national sovereignty belongs to the Spanish people from whom all State powers emanate”. The nat­ural corol­lary to de­ba… The question asked was "Do you approve of the Constitution Bill?" In a December referendum, the draft constitution was then approved by nearly 90 percent of voters. National totals", "Tribuna | El censo electoral: fundamento de la democracia (I)", https://en.wikipedia.org/w/index.php?title=1978_Spanish_constitutional_referendum&oldid=968398160, Articles containing Spanish-language text, Creative Commons Attribution-ShareAlike License, This page was last edited on 19 July 2020, at 04:26. The Spanish Constitution of 1978 proclaims the separation of powers, the rule of law, legal security and the prohibition of arbitrary action by public authorities. Spanish Constitution of 1978 Catalonia Plans To Declare Independence From Spain On Monday BARCELONA/MADRID, Oct 4 (Reuters) - Catalonia will move on Monday to declare independence from Spain following Oct. 1′s banned According to Article 1 of the 1978 Spanish Constitution, “national sovereignty belongs to the Spanish people from whom all State powers emanate”. According to a 2019 survey by the Catalan government, 31.5% of the inhabitants of Catalonia have Catalan as first language at home whereas 52.7% have Spanish, 2.8% both Catalan and Spanish and 10.8% other languages. Spain has 17 Autonomous Communities and provision for their creation was defined in the 1978 Spanish Constitution, although they actually came into existence as a result of their own Statutes of Autonomy. The Ombudsman is elected by the Cortes Generales for a period of five years pursuant to the Ombudsman Act of 1981 ( Ley Orgánica 3/1981 ), by which this institution is governed. Gabriel Cisneros %%EOF (Spanish: ¿Aprueba el Proyecto de Constitución?). Anadolu Agency via Getty Images. Such a turn is bad news for all who seek to challenge the political order set up in the transition from Francoism — the “1978 regime” long denounced by Podemos. Such a turn is bad news for all who seek to challenge the political order set up in the transition from Francoism — the “1978 regime” long denounced by Podemos. Article 2 of the 1978 Spanish Constitution recognises and guarantees the right to autonomy of the different nationalities and regions, basing the principle on the unity of the Spanish Nation and the idea … The Spanish Constitution establishes the «indissoluble unity of the Spanish Nation» (art. Spain's top court has officially ruled that Catalonia's disputed independence referendum was illegal because a regional law that backed it was against Spain's constitution. 0 ", "Referéndum sobre el Proyecto de Constitución", "Electoral Results Consultation. Secession is not provided for in that document. Catalonia. Articles 1 and 2 of our Constitution enshrine the principles of national sovereignty , which resides in the Spanish people as a whole, and of national unity, in line with the fundamental precepts of advanced democracies. When was the Spanish constitution created? When you examine the data, it becomes patently obvious that Catalans do not expect the current Spanish Constitution to provide a fit for Catalonia in Spain. Following the Spanish constitution of 1978, Catalonia created its own Statute of Autonomy in 1979; however, the document had not been updated or revised since then. The most important task of the constitution was to devolve power to the regions, which were given their own governments, regional assemblies and supreme legal authorities. Fathers of the Constitution. h�b```b``�b`f``9� Ȁ �,�@�q�0B��\�%�r&XXȚ�a��b����C�� Its ac­cep­tance was not smooth: the right vig­or­ously op­posed it, while the na­tion­al­ists and the left firmly ob­jected leav­ing it out. When the Spanish Constitution was approved by referendum in 1978, 90.5 per cent of Catalan voters supported it, and just 4.6 per cent voted against it. December 1978. The Catalan government’s own pollster finds that while 70% want a referendum on the territory’s future, only 48% do if Spanish government doesn’t agree—which it emphatically does not. Spanish constitution needs overhaul to avert Catalonia crisis. Castilian is the official Spanish language of the State. the Spanish Constitution of 1978 has been broken by the Spanish authorities. The Catalan independence movement (Catalan: independentisme català; Spanish: independentismo catalán) is a social and political movement with roots in Catalan nationalism, which seeks the independence of Catalonia from Spain, along with some in the movement supporting the independence of North Catalonia from France and that of other Catalan Countries. A triumph at the time, Spain’s 1978 Constitution refers to constituent “nationalities,” a compromise that has left the country in a deadlock today. But Madrid denied Catalonia the right to hold a plebiscite because in the Spanish context a referendum would break the Constitution of 1978 – which had itself been agreed on by national referendum in its time. The region enjoyed great autonomy until General Franco’s regime, during which its sovereignty was ruthlessly and repeatedly violated. To understand the events that led to the trial, it is important to … Yes. Catalonia’s push for independence is far from new. Spain’s constitutional court has struck down the Catalan parliament’s motion to begin the process of secession, ruling in record time that the legislation infringes on the constitution. This constitution is based on the indissoluble unity of the Spanish nation. The constitution grants a … The Statute of Autonomy of Catalonia is the fundamental organic law, second only to the Spanish Constitution from which the Statute originates.. In the Spanish case, a significant part of such context has been shaped by the Constitutional Court. 1). The question asked was "Do you approve of the Constitution Bill?" 241 0 obj <>/Filter/FlateDecode/ID[<3FDB8DEF1A36545DBD89AFFD5FCE28AC><0B5578C79F4A624E94F3D05243C3BB58>]/Index[230 103]/Info 229 0 R/Length 82/Prev 474003/Root 231 0 R/Size 333/Type/XRef/W[1 3 1]>>stream The Statute of Autonomy of Catalonia is the fundamental organic law, second only to the Spanish Constitution from which the Statute originates.. ... Catalonia Signals It Will Declare Independence From Spain Within Days; Anadolu Agency via Getty Images. The regional president, Carles Puigdemont, has repeated his determination to declare independence from Spain days after 90% of participants in a unilateral referendum voted for Catalonia to become a separate state. Within this narrative, lots of emphasis is placed on the Constitutional Court’s It seemed logical. It had been drafted by the President of the Cortes Españolas, Torcuato Fernández-Miranda (including changes that would replace the Cortes Españolas with a Cortes Generales), and supported by Prime Minister Adolfo Suárez and King Juan Carlos. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Nayler deliberately avoids any mention of the Spanish constitutional framework. [4], Some Spanish media found up to 30% of irregularities in the census in certain provinces, with many people allegedly being unable to vote while others voted twice. By the way, in Catalonia 91 percent voted in favor of the Spanish Constitution of 1978, about as unanimous as it gets in modern politics. by James R. Conde | After months of secessionist agitation in Catalonia, Spain’s government has called for fresh regional elections to be held on December 21. The law provided for the legalization of political parties and a democratic election to Constituent Cortes, a committee of which then drafted the Constitution. The constitution declares that Spain is a constitutional monarchy and advocates the essential values of freedom, justice, equality, and political pluralism. constitution passed by the cortes generales in plenary meetings of the congress of deputies and the senate held on october 31, 1978 ratified by referendum of the spanish people on december 7, 1978 sanctioned by his majesty the king before the cortes generales on december 27, 1978 The de­mands for the recog­ni­tion of the dis­tinc­tive­ness of Cat­alo­nia, the Basque Coun­try and Gali­cia, within the Span­ish State be­came one of the most im­por­tant chal­lenges for the newly elected Par­lia­ment. Yet Iglesias’s party, once a firm critic of the post-Franco Spanish constitution, has effectively fallen into line behind the PSOE’s own rejection of Catalan self-determination. )/8��7�q8�0�i�jo�m� ����� �����tcaf�mx��m`m!������Y����²��BUF,���. 332 0 obj <>stream In fact, the writ­ing of the sec­ond ar­ti­cle, in which the "na­tion­al­i­ties and re­gions" of Spain were rec­og­nized, was the most hotly de­bated in the Parliament. SPANISH CONSTITUTION 2 Passed by the Cortes Generales in Plenary sittings of the Congress and the Senate held on October 31, 1978; ratified by referendum of the Spanish people on December 7, 1978 and sanctioned by His Majesty the King before the Cortes Generales on December 27, 1978. 230 0 obj <> endobj Following Franco's death in 1975 and the restoration of democracy by 1978, Catalonia regained its autonomous status and became one of the autonomous communities within Spain. The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recog - nises and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all. The inhabitants of the Aran valley count Aranese–an Occitan dialect–rather than Catalan as their own language. After the death of General Francisco Franco, the Spanish nationalist right was exhausted and unable to sustain an authoritarian regime that had isolated Spain from Europe and was rejected by the large majority of the population. In Spain: Constitutional framework …with 22 abstentions) in October 1978. The Spanish region of Catalonia is set to hold a referendum on independence on October 1. (Spanish: ¿Aprueba el Proyecto de Constitución?). Will Spain Splinter? The referendum resulted in 91.8% of valid votes in support of the bill on a turnout of 67.1%. These articles only establish the sovereignty of the Spanish people and the indissoluble unity of the Spanish nation, respectively. The Spanish Constitution Article 155 • Within the Constitution of 1978, Article 155 was included to ensure the fulfillment of constitutional obligations by all Autonomous Communities, including Catalonia. The Spanish Constitution of 1978 proclaims the separation of powers, the rule of law, legal security and the prohibition of arbitrary action by public authorities. In September 2005, the Parliament of Catalonia approved the definition of Catalonia as a 'nation' in the preamble [10] of the new Statute of … Article 155 is only two short paragraphs of the 1978 Constitution of Spain. PLAY. The application of Article 155 of the Spanish Constitution Let’s review just a few facts about the present situation in Catalonia. Spanish Prime Minister Mariano Rajoy said on Saturday he would not rule out using the constitutional powers to remove Catalonia's autonomous ... 1978 constitution. The 1978 Spanish constitution resulted from an agreement between very diverse ideological and territorial interests. [6] Adolfo Suárez's government had lowered voting age from 21 to 18 only three weeks before the referendum, which resulted in a made-up electoral register increasing by over 3 million people compared to the 1977 general election amid technical, administrative and logistical issues. Start studying Catalonia. These documents recognise Catalonia as a … Yet Iglesias’s party, once a firm critic of the post-Franco Spanish constitution, has effectively fallen into line behind the PSOE’s own rejection of Catalan self-determination. STUDY. Spain is a consolidated democracy governed by the rule of law, which defends and guarantees the rights and freedoms of all citizens. ... 26 terms. They supported each other’s causes. "The Spanish government will continue with the procedures outlined in Article 155 of the Constitution to restore legality in Catalonia's self-government," it said. The application of Article 155 of the Spanish Constitution Let’s review just a few facts about the present situation in Catalonia. endstream endobj startxref The Spanish Court Decision That Sparked the Modern Catalan Independence Movement . [8], "Do you approve of the Constitution Bill? Catalonia’s push for independence is far from new. The region enjoyed great autonomy until General Franco’s regime, during which its sovereignty was ruthlessly and repeatedly violated. Madrid says secession is illegal under the Spain’s 1978 constitution. Article 2 of the 1978 Spanish Constitution states that the constitution "is based in the indissoluble unity of the Spanish Nation (Nación)" while also referring to the "right to autonomy of the nationalities and regions (nacionalidades y regiones)". In the Spanish Constitution of 1978 Catalonia, along with the Basque Country and Galicia, was defined as a "nationality".The same constitution gave Catalonia the automatic right to autonomy, which resulted in the Statute of Autonomy of Catalonia of 1979. The feat of creating a democratic system without breaking the structures of power of the state was made possible by the approval of the Political Reform Act of 1977, passed by the Francoist Cortes as the last Fundamental Law. [7] Interior Ministry officials acknowledged deviations of up to 5.1 per 100 in the electoral census—roughly 1.5 million people according to the National Institute of Statistics—resulting from the absence of an official electoral register and in an overreliance on data from municipal registers. The state government also finds The referendum resulted in 91.8% of valid votes in support of the bill on a turnout of 67.1%. It’s that simple. annadolezal. h�bbd```b``Y"��0)"��@��5�DƪI� [�H����� hNH�D��G�G�N�g`ڹ � ^ { By Reuters. [1][2][3], The new constitution was intended to replace the many constitutional laws of the Franco era, the Fundamental Laws of the Realm, and turn Spain into a constitutional monarchy by removing many of the King's powers. The 1978 Spanish constitution resulted from an agreement between very diverse ideological and territorial interests. CONSTITUTION Passed by the Cortes Generales in Plenary Meetings of the Congress of Deputies and the Senate held on October 31, 1978 Ratified by the spanish people in the referendum of December 6, 1978 Sanctioned by His Majesty the King before the Cortes on December 27, 1978 ] 27 Oct 2017, during which its sovereignty was ruthlessly and repeatedly violated s seven founding fathers responsible. Allows for the suspension of Catalonia is the official Spanish language of the on... 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