PROF. GIOVANNI POGGESCHI

Transcription

1 PROF. GIOVANNI POGGESCHI PUBLIC COMPARATIVE LAW UNIVERSITY OF SALENTO LECCE (ITALY)

2 SPAIN IS THE 2010 FIFA WORLD CUP CHAMPION

3 CATALUNYA CLAIMS ITS NATION

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5 CATALONIA AND SPAIN: A DIFFICULT AND LONG RELATION 1137 Marriage of Petronilla of Aragon and Ramon Berenguer, Count of Barcelona. The Federation of Aragon and Catalonia is born 1469 Marriage of Isabel of Castilla and Ferdinando of Aragon-Catalonia. The two kingdoms merge. The core of it is Castilla, the capital Toledo. Catalonia keeps some autonomy 1492 Discovery of America and chase of Muslims and Jews from Spain

6 CATALONIA RENAISSANCE IN THE SECOND HALF OF XIX CENTURY INSIDE THE SPANISH KINGDOM 1830 Cultural renaissance (Renaixença) Little industrial revolution in Catalonia: textile industry near Barcelona Federalist intellectuals and politicians: Almirall and Pi-Margall. The second was president for one month in 1873 Conservative catalanism (carlismo): Josep Torres i Bages. Bases of Manresa of 1892

7 CATALONIA TURNS MORE DEMANDING WITH REGIONALISM 1906 Prat de la Riba writes La nacionalitat catalana : more conservative than the federalists and more catalanist. The model is also the Basque nationalism of Sabino Arana Coalition governments of the catalan Francesc Cambò with the Spanish conservatives of Antoni Maura

8 RAISE AND FALL OF CATALANISM Dictatorrship of Primo de Rivera 1931 Second Republic and Statute of Catalonia. Niceto Alcalá-Zamora and Francesc Macià Spanish Civil War between Republicans and Nationalists, who finally win 1939 Franco's regime. 7 fundamental laws

9 NEW CONSTITUTION OF 1978: DEMOCRACY AND REGIONALISM 9 drafters of the Constitutions, then ratified by the Constitutional Assembly and by the people Art. 2 The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions which make it up and the solidarity among all of them

10 DIFFERENT PATHS TO AUTONOMY In the territories with a provisional regime of Autonomy, their higher collegiate organs may, by means of an agreement adopted by an absolute majority of their members, substitute for the initiative which, in Article 143 (2) is attributed to the Provincial Councils or corresponding interisland organs (Catalonia, Basque Country, Galicia). Art. 143 Ordinary procedure (13 CC.AA.) Art. 151 Immediate autonomy (Andalusia)

11 STATUTES, NOT (OR ALMOST?) CONSTITUTIONS Art. 147 (1) Within the terms of the present Constitution, the statutes shall be the basic institutional norm of each Autonomous Community and the State shall recognize them and protect them as an integral part of its juridical order Art. 148 Competence of the Autonomous Communities Art. 149 State Competences

12 THREE SEASONS OF STATUTES: BETWEEN ASIMMETRY AND UNIFORMITY First Statutes of autonomy. LOAPA of 1981, uniformity ofautonomous Communities Autonomous Agreements (Pactos autonómicos) of new Statutes. Catalan Statute of 2006

13 MAIN FEATURES OF CATALAN AUTONOMY. AZNAR POLICY of 90s Finance system (valid for all Autonomous Communities), modified in 2009 Educational system based (90%) on the Catalan language, declared constitutional with the decision of TC 337/1994. Hechos diferenciales (language, civil law) Regional police (Mossos de Esquadra) TC doctrine of bases (grounds) of the 1990s, very centralistic

14 THE ROAD TO THE CATALAN STATUTE In Euskadi, the Ibarretxe Plan (sovereignty) fails In Catalonia, long rule of Jordi Pujol (moderate Catalanism): The Statute is not touched, increased autonomy through agreements with the State and sometimes with strong claims The leftish coalition (PSC, ERC and ICV) wants to adopt a new Statute. In 2006, the Statute is approved: 90% in Barcelona and 54% in Madrid. It is challenged by the PP and by the Defensor del Pueblo to the Tribunal Constitucional

15 NEW STATUTE OF CATALONIA OF 2006 Very long: 223 articles (the former had 57). It disciplines matters that the Constitution just mentions. Is it possible? Three kind of competences (powers): exclusive, shared and executive. Very detailed contents. Very long list of fundamental rights. Lock (blindaje) of powers Catalonia as a nation. Historical rights and language rights. Finance system and bilateral bodies.

16 JUDGMENT OF TRIBUNAL CONSTITUCIONAL OF 28 th JUNE Articles are declared unconstitutional 27 Articles have to be interpreted The Core of the Statute is saved, but there are Very negative reactions in Catalonia: independentism is increasing, also due to economical crisis, and despite of

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21 OTHER FIGURES

22 14 ARTICLES DECLARED UNCONSTITUTIONAL Art. 6: Catalonia s own language is Catalan. As such, Catalan is the language of normal and preferential use in Public Administration bodies and in the public media of Catalonia, and is also the language of normal use for teaching and learning in the education system Many provisions about the Council of Justice of Catalonia

23 WHICH FUTURE FOR CATALONIA? 1. It is as usual. The last judgment of the TC is just another chapter of a controversial but successful relation between Spain and Catalonia. The regional State in Spain still has a strong potential 2. The last judgment of TC is a chance to better define the nature of Estado autonómico in a more centralistic way and Catalans will feel oppressed 3. Catalonia is already following an irreversible path leading to independence (Montenegro teaches!)

24 THANK YOU FOR YOUR PATIENCE AND ATTENTION! What do you think about it?