FROM THE PARLIAMENTARY BUREAU RESOLUTION MOTIONS. Declaration of the representatives of Catalonia

Transcription

1 FROM THE PARLIAMENTARY BUREAU Lluís M. Corominas i Díaz, president del Grup Parlamentari de Junts pel Sí, Mar- ta Rovira i Vergés, portaveu del Grup Parlamentari de Junts pel Sí, Mireia Boya e Busquet, presidenta del Grup Parlamentari de la Candidatura d'unitat Popular - Crida Constituent, Anna Gabriel i Sabaté, portaveu del Grup Parlamentari de la Candidatura d'unitat Popular - Crida Constituent, d'acord amb el que establei- xen els articles 1 51 i 152 del Reglament del Parlament, presenten les següents propostes de resolució subsegüents al Debat general sobre l'aplicació de l'article 155 de la Constitució espanyola a Catalunya i els seus possibles efec- tes (tram /1 1). RESOLUTION MOTIONS Resolution motion 1 Declaration of the representatives of Catalonia The deputies of the Parliamentary Groups Junts pel Si and the CUP-Crida Constituent signed the following proclamation on October 10th in the Parliament of Catalonia: DECLARATION OF THE REPRESENTATIVES OF CATALONIA To the people of Catalonia and all the peoples of the world. The bases of the constitution of the Catalan Republic are justice and intrinsic individual and collective human rights, being irrenunciable foundations which give meaning to the historical legitimacy and the legal and institutional traditions of Catalonia. The Catalan nation, its language and its culture have a thousand years of history. For centuries, Catalonia has been endowed with and enjoyed its own institutions that have fully exercised selfgovernment, with the Generalitat as the greatest expression of the historic rights of Catalonia. During periods of freedom, Parliamentarism has been the pedestal upon which these institutions have been based, channeled through the Catalan Parliaments and crystalized in the Constitutions of Catalonia. Having been lost and longed for, today Catalonia restores its full sovereignty after decades of honestly and loyally seeking institutional coexistence with the people of the Iberian Peninsula. Since the adoption of the Spanish Constitution of 1978, Catalan politics has played a key role with an exemplary, loyal and democratic attitude towards Spain, with a deep sentiment of being part of the State. The Spanish State has responded to this loyalty with the denial of the recognition of Catalonia as a nation; and has granted limited autonomy, more administrative than political, and in the process of recentralization; excercising a profoundly unjust economic treatment in addition to linguistic and cultural discrimination. The Statute of Autonomy, approved by the Catalan Parliament, the Spanish Parliament, and the Catalan citizenry in a referendum, was to be the new stable and lasting framework for bilateral relations between Catalonia and Spain. But it was a political agreement broken by the ruling of the Constitutional Court, engendering new grievances among citizens.

2 Channeling the demands of a large majority of citizens of Catalonia; the Parliament, the Government and civil society have repeatedly called for the holding of a referendum on self-determination. Upon finding that the institutions of the State have rejected any negotiation, they have violated the principles of democracy and autonomy, and have ignored the legal mechanisms available in the Constitution. The Generalitat of Catalunya has therefore called for a referendum to exercise the right to self-determination recognized under international law. The organization and holding of the referendum led to the suspension of self-government in Catalonia and the de facto application of a state of emergency. The brutal police operation of a military nature and style orchestrated by the Spanish state against Catalan citizens has repeatedly and severely violated their civil and political liberties and principles of Human Rights, and has contravened international agreements signed and ratified by the Spanish state. Thousands of people have been investigated, detained, tried, questioned and threatened with harsh prison sentences, including hundreds of elected and institutional officials and professionals linked to the the sectors of communications, administration, and civil society. Spanish institutions, which should remain neutral, protect fundamental rights and arbitrate political conflict, have become part and instrument of these attacks and have left the citizens of Catalonia unprotected. In spite of the violence and the repression to try to prevent a democratic and peaceful process, the citizens of Catalonia have voted mostly in favor of the constitution of the Catalan Republic. The constitution of the Catalan Republic is based on the need to protect the freedom, security, and coexistence of all citizens of Catalonia, and to move towards a state based on the rule of law and a democracy of greater quality, and respond to the Spanish State impeding the enforcement of the right of self-determination for peoples. The people of Catalonia are lovers of law, and respect for the law is and will be a cornerstone of the Republic. The Catalan state will meet and legally comply with all the provisions that make up this declaration and ensure that the legal security and maintenance of the subscribed agreements will be part of the founding spirit of the Catalan Republic. The constitution of the Republic is a hand extended to dialogue. In honor of the Catalan tradition of the pact, we maintain our commitment to agreements as a way of resolving political conflicts. At the same time, we reaffirm our fraternity and solidarity with the rest of the people of the world and, especially, those with whom we share the language and culture and the Euro-Mediterranean region in defense of individual and collective freedoms. The Catalan Republic is an opportunity to correct the current democratic and social deficits and build a society which is more prosperous, fairer, more secure, more sustainable and with more solidarity. By virtue of all that has just been presented, WE, the democratic representatives of the people of Catalonia, in the free exercise of the right of self-determination, and in accordance with the mandate received from the citizens of Catalonia; CONSTITUTE the Catalan Republic, as an independent and sovereign State based on law, democracy, and social welfare. ENTER into force the Llei de transitorietat jurídica i fundacional de la República. INITIATE the constituent process which shall be democratic, citizen-based, transversal, participatory and binding. AFFIRM the desire to open negotiations with Spain without any preconditions, aimed at establishing a collaborative system for the benefit of both parties. The negotiations shall necessarily be on an equal

3 basis. INFORM the international community and the authorities of the European Union of the constitution of the Catalan Republic and the proposal for negotiations with Spain. URGE the international community and the European Union authorities to intervene to stop the continued violation of civil and political rights, and to monitor and oversee the negotiation process with the Spanish State. EXPRESS the desire to build a European project that reinforces the social and democratic rights of citizens, as well as commiting to continue to apply without the solution of continuity and in a unilateral manner the norms of the legal orders of the European Union, the Spanish State, and the Catalan autonomy that transpose this norm. AFFIRM that Catalonia has the unequivocal desire to integrate into the international community as quickly as possible. The new State agrees to respect the international obligations that are currently applied in its territory and continue to adhere to the international treaties to which the Kingdom of Spain is signator. APPEAL to all States and international organizations to recognize the Catalan Republic as an independent and sovereign State. URGE the Government of the Generalitat to adopt the measures necessary to fully enact this Declaration of independence and the provisions of the Llei de transitorietat jurídica i fundacional de la República. CALL on all and each of the citizens of the Catalan Republic to make us worthy of the freedom that we have granted ourselves and to build a State that translates collective aspirations into action and conduct. ASSUME the mandate of the people of Catalonia expressed in the Referendum on Self-Determination of the 1 October, declaring that Catalonia has become an independent state in the form of a Republic. RESOLUTION MOTION The Parliament of Catalonia expresses its rejection of the agreement of the Council of Ministers of the Spanish State proposing to the Senate of the Spanish State measures to specify what can be provided for in article 155 of the Spanish Constitution. The proposed measures, apart from the current legal status, entail the elimination of the self-government of Catalonia. They also place the Government of Spain as a substitute for the Government of the Generalitat and censor the Parliament of Catalonia. Not only can this measure not be accepted, but it is an attack on democracy unprecedented in the last 40 years. We have offered negotiation and dialogue and were responded to with article 155 of the Constitution and the elimination of self-government: the response has been of a political force similar to the use of force on October 1. Parliament agrees, to urge the Government to dictate all the necessary resolutions for the development of the Llei de transitorietat jurídica I fundacional de la República, specifically: - To promulgate the Decrees necessary to provide the administrative services in terms of personnel and material necessary for the issuance to the citizens of the documents accrediting Catalan nationality. - To establish the regulation of the procedure for the acquisition of Catalan nationality, based on provisions set forth in article 8 and the second final provision. - To promote the signing of a treaty over dual nationality with the government of the Kingdom of Spain, in accordance with article 9.

4 - To dictate, in accordance with article 12.1, the necessary provisions for the adaptation, modification and inapplication of the local, autonomic and state law valid before the entry into force of the Llei de transitorietat jurídica I fundacional de la República. - To dictate, based on the provisions of article 12.3, the precise Decrees for the recovery and effectiveness of the rules prior to the succession of legal regulations, annulled or suspended for reasons of jurisdiction by the Constitutional Court and other courts, paying special attention to all those tax regulators and the three tax figures, as well as those that develop tools for the fight against poverty and social inequality. - To promote, before all states and institutions, the recognition of the Catalan Republic. - To establish by the corresponding procedure and in accordance with the provisions of article 15 the relationship with international treaties that must remain valid, and that of those that should be rendered inapplicable. - To establish, in accordance with article 17, the system of integration, to the Administration of the Generalitat de Catalunya, with the express renunciation of them; of all civil servants, staff of the Spanish state, who have been serving the general administration of Catalonia, the local administration of Catalonia, the Catalan universities, the administration of justice, the institutional administration of the state in Catalonia, or civil servants, staff of the Spanish state, of Catalan nationality, who provide their services outside of Catalonia. - To inform the Parliament about the relationship of contracts, agreements that are subject to subrogation by the Catalan Republic, in accordance with the provisions of article To promote an agreement with the Spainish state for the integration of personnel and the subrogation of contracts treated in sections IV and V, in accordance with what is provided in article To agree on that which shall be precedent, and how to adopt the necessary measures for the exercise of fiscal, social security, cadastral and customs authority in accordance with the provisions of articles 80, 81, 82 and 83, establishing, if necessary, the transfer periods between administrations necessary for a sufficient public service. - To promote the actions and legislative measures necessary for the creation of a public development bank in the service of the productive economy. - To promote the actions and legislative measures necessary for the creation of the Bank of Catalonia, with the functions of a central bank, which seeks to ensure the stability of the financial system. - To promote the actions and legislative measures necessary for the creation of additional regulatory authorities, with functions that are inherent in them. - To open a period of negotiations with the Spanish State, in accordance with the provisions of article 82, to determine through agreement, if applicable, the extent of the succession of the Catalan state, and economic and financial rights and obligations assumed by the Kingdom of Spain. - To prepare an inventory of the property of Spain, located in the national territory of Catalonia, in order to make the succession of its ownership by the Catalan state effective, in accordance with the provisions of the article To prepare a proposal for distribution of assets and liabilities between the Kingdom of Spain and the Republic of Catalonia, based on internationally standardized criteria, opening a negotiation period between the representatives of both states, and if applicable, the agreement reached being subject to the approval of the Parliament of Catalonia. The Parliament shall open an investigation to determine the responsabilities of the Government of Spain, its institutions and bodies over on the commission of crimes related to the violation of fundamental, individual and collective rights to prevent the exercise of the right of the people of Catalonia to vote on October 1. This investigative committee shall be composed of members of the parliamentary groups, experts from the national and international sphere, the Anti-Fraud Office, the Sindicatura de Greuges and the Catalan Ombudsman, and representatives of human rights defense organizations, ensuring that they are represented by international organizations. Resolution Proposal 2 Constituent process

5 The Parliament of Catalonia agrees: To declare the initiation and the opening of the constituent process. The Government of the Generalitat is urged to: a) Immediately activate all human, public, and social resources, as well as material resources at its disposal, to make effective the democratic constituent process, which shall be a citizenbased, transversal, participatory and binding process, which must culminate with the drafting and approval of the constitution of the Republic by the Parliament constituted in the Constituent Assembly following constituent elections. b) Constitute within fifteen days the Advisory Council of the constituent process to advise in the deliberative constituent phase led by organized civil society. c) Convene, disseminate and execute the decisional phase of the constituent process, collecting the proposals systematized in the Constitutional Social Forum, submitting them to citizen consultation, which will constitute a binding mandate for Parliament constituted in the Constituent Assembly following constituent elections. d) Convoke constituent elections once all the phases of the constituent process have been completed. Encourage all civic and social agents so that within a month, they constitute the promotional platform of the constituent process or the national Pact for the constituent process. Constitute, within a period of fifteen days, the parliamentary Committee to oversee the constituent process, in order to protect it, that it does not interfere in the task of the promoter platform, guaranteeing the dissemination of its work as well as the fulfillment of the semester term legally defined for its development and conclusions. Encourage city councils to promote constituent debates on a local level by promoting the participation of civil society, facilitating the resources and spaces necessary for the correct development of citizen debate. Palau del Parlament, 27 d'octubre de 2017 Lluís M. Corominas léíaz President del GE4S^ Marta Rovira i Vergés Portaveu del GPJS Mireia Boya e Busquet Presidenta del GP CUP-CC Anna Gabriel i Sabaté Portaveu del GP CUP-CC