Spain Constitutional Court Declares Catalan Referendum Void

Tyler Durden's picture

While it will not come as a surprise to anyone following ongoing events in Spain, moments ago the country's Constitutional Court said on Tuesday the referendum law passed by the Catalan government Sept. 6 to hold a vote on independence was unconstitutional and void, a spokesman said. The court's full statement can be found here, while the opinion is at this link.

  The court had originally suspended the referendum law as it studied its legality, though the Catalan government went ahead with the ballot regardless.

According to the Court, the Catalan legislation, approved by the region on Sept. 6 and suspended by the court the following day, usurped powers of the State to hold referendums. It also violated the principle that the Spanish nation is indissoluble.

In other words, this is the definitive confirmation from Spain that any Catalan separation is not possible, nor legal.

And with Spain having extended the ultimatum given to Catalan leader Puigdemont to definitively clarify his stance on the declaration of independence through Thursday, the separatist leader finds himself increasingly trapped, as a response will either prompt a crackdown by Spain or a blowback from other pro-independence groups inside Catalonia.

Meanwhile, the market appears to already feel more comfortable, with Catalan 2Y yields having fallen sharply from recent highs.

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Newsboy's picture

"It still never happened."

YUNOSELL's picture

Lemme Guess -- next step in the chain is Catalonia court declares Spain's referendum nullification as void

Think for yourself's picture

Well the principle that Spain is indivisible flies against the fundamental right of people to self-determine as recognized by the UN Charter of Human Rights... Therefore, yes, Spain's constitution is null and void.

wildbad's picture

as the late great JFK said:

-those-who-make-peaceful-revolution-impossible-will-make-violent-revolution-inevitable

Don Diego's picture

violent? yes, expect some hundreds of people banging pots and pans tonight

Bud Dry's picture

It's like a band-aid..  all one pull..  get it over with.

SumTing Wong's picture

I thought Catalonia already declared Spain's authority over them null and void. Or did I miss what the referendum was about???

auricle's picture

A long time ago your ancestors pledged fielty to Spain. They agreed to be a part of Spain forever. You may never again vote to be independent. 

This is the kind of fantasy shit that world government is trying to make people believe. That the borders are set in stone and there are no changing them. All people have the right to self determination. Catalans need to stand up to the tyranny.

greenspanator's picture

You are free to buy Catalan bonds, look at the yield above! You will find out how much good to the world the leftist, globalist and pro-EU Catalan government will do.

For some reason ZH is selling this as a fight from an oppressed people and supressed tradition, while in reality the independentist movement is extremely leftist and anti tradition, having explicitly stated that they don't care about the origin of a resident in Catalonia (i.e. Africans), as long as they they are independentist (= Catalonian). This is not a fight for tradition, it is a fight against  the European and Christian tradition represented by Spain.

small axe's picture

Nullification, in US constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitional. -- Wikipedia

Basically, unjust laws need not be followed. Something a judge or president or congress will never ever admit.

HenryHall's picture

Yes, in the US, State Constitution trumps laws enacted by the US Congress. That is why Hawaii prohibited same-sex marriage by way of a constitutional amendment. However, US Constitution trumps state Constitution, and the indivisibility of Spain is in the Spanish constitution.

That's not to say that Catalan independence is in any way wrong; only that it is illegal. In the same way that opposing extermination of certain groups (homosexuals, communists, gypsies, Jews etc.) was illegal in Nazi Germany.

Stuck on Zero's picture

The government can nullify the documents but it can't control the sentiments.

lester1's picture

Fuck Spain and the EU. Go Catalonia!!

Ghordius's picture

blah. the EU has nothing to do with it, while the Catalan Independentists ask the EU to mediate, and want to join after independence

ZH: "In other words, this is the definitive confirmation from Spain that any Catalan separation is not possible, nor legal. "

not quite. it could be done with two measures: a Spanish referendum to change the constitution and a Spanish referendum to allow independence of Catalonia, and in both the Spanish "Demos" to say "yes"

toknormal's picture

The problem with "constitutions" is that they only work as long as people believe in them. I imagine the collapse of the Soviet Union wasn't exactly "constitutional".

BarkingCat's picture

Actually you'd be wrong if you believe that. The Soviet Union's Constitution did have a way for the republics to separate themselves. It is because of this that no Soviet Republic was landlocked within the Soviet Union.

wildbad's picture

the spanish already voted on allowing catalunya a modicum of independence. this is precisely what they are recinding with article 155.

for those of us who find it somewhat schizophrenic that catalunya wants to simultaneously free themselves from madrid while bonding themselves with Brussels , they do not see it that way.

as a very economically advanced region they desire full state status. that is their goal. the searatist movement has only marginal ideological overlap with movements like "podemos" who eschew brussel delivered hegemony.

msamour's picture

There is always the bloody revolution and secssion war. I doubt the people will get to that point, but at the rate the military planes from Spain are falling out of the sky, they may not need to worry from aerial attacks...

_ConanTheLibertarian_'s picture

Third measure: Catalan court nullifies constitutional court

malek's picture

You mean just like in 1989 the East German referendum if they want to join Western Germany,
plus the West German referendum if they allow East Germany to join? /s

Ghordius's picture

funny argument

you are right, of course. neither the Federal Republic of Germany nor the Democratic Republic of Germany made any referendum on the German ReUnification

they just both voted on it in their parliaments. and neither had a constitution that specifically forbade such a thing

which is... actually the argument, isn't it? a law is valid... unless the constitution prevents it, forbids it

a referendum is actually a law, too. one that poses a question to the electorate. and some are not even binding, only "consultative"

those two votes... became binding law for both countries. and since both laws said they would be only one country, in future... they are now one country. and what is a treaty? nothing else then a law... approved by more then one parliament, a shared, common law

and so both Germanies became one... by treaty. the more usual approach, historically

the other one is how Spain was formed to include Catalonia. a royal marriage and a treaty in one, over 500 years ago, before the new Queen of Spain financed the exploration voyage that led to Columbus discovering the New World

malek's picture

Once again you, the Grandmaster of Hypocrisy, fail to follow-through on your own bullshit argument from above:

Either they need "a Spanish referendum to allow independence of Catalonia" AND the German reunification was illegal, or the opposite of both.

Also is a constitution disallowing independence not illegal and therefore null and void from the start?
I mean the Peace of Westphalia in 1648 established the idea of sovereign states with persistent country borders - but honest reasoning must admit that was against foreign influence, not internal forces.

yvhmer's picture

Correct! Though you forgot one other option. A seccession usually is unilateral where the motherland has to accept it as a fait accompli. However, that is only done if the power structure is against the motherland to prevent a seccesion to occur. See Donets region. The closest is perhaps the separation of Belgium and The Netherlands in 1830. It seems the same kind of mechanics are at work: language, representation, influence, and so forth, including criminally prosecuting those in favor of seccession, because this happened after the post napoleonic order. And William the First, unable to contain the situation, appealed for help from the European Powers. Still being tired of the consequences of the European Wars they simply said: Belgium is recognized as an independent country. Bye, dude!

So, it will be interesting to see how this plays out.

Vageling's picture

Yes Ghordo... The EU has nothing to do with this. But where is their hollow yapping now? Values and bullshit, never again yada yada? Oh wait... If the EU had a say soldiers would be rounding up everyone by now. You know this.

Therefor death to the EU!

Ajax-1's picture

Welcome to the Hotel Catalonia, "You can check out any time you like, but you can never leave".

Jambo Mambo Bill's picture

What else we don't know? Anything seems to be illegal or prohibited in Spain...

BigWillyStyle887's picture

Thats what King George told them colonists too........their declaration was void. Amiright!?!?

sidfalco's picture

The Cuckalans have already shit their trousers. They had the chance to claim independence and Puigdemont bottled it.

shankster's picture

Spain still owes reparations to the indigenous peoples of the Americas.

Ajax-1's picture

Blacks still owe raparations to the Jews during the time of Moses.

Ajax-1's picture

Egyptians are from the dark continent. Therefore, all blacks are guilty by association.

BarkingCat's picture

Egyptians were not negroids

Don Diego's picture

we'll pay those reparations as soon as the Italians pay for the occupation under the Roman Empire. Any idea of the rate of interest we can ask?

BritBob's picture

What hope do the people of Catalonia have when Spain does not even recognize that the people of Gibraltar have the right to self-determination?

 Even after effectively ceding the territory to Britain 3 times!

Gibraltar – Spanish Myths and Agreements (1 pg):

 

https://www.academia.edu/34608739/Gibraltar_Spanish_Myths_and_Agreements

venga periquito al torno's picture

It was already declared illegal by the Catalan highest court of Justice before it took place.

zzzzzzzzzzzz.....

shankster's picture

Secession is a civil right a human right.

ZorroHedge's picture

You know that in nature right does not exist ? Rights are invented by human beings. That said, a referendum with even less than 50 % of people voting doesn't give you any right for secession. I understand you want Catalunya to split from Spain because you want the EU to desintegrate. However, you are looking in the wrong place. Catalunya showed that there isn't a majority in favour of secession. Moreover, you don't need any country to split to get out of the EU. Hold your own referendum on getting away from the EU. Fight your battles yourself.

shankster's picture

Within the human heart right does exist and that is all that matters. Getting out of the EU unless you are Great Britain is much harder than it sounds.

FORD_FIESTA's picture

Within the Human Heart, only survival exists.....no right, no wrong. Biology runs the Planet and you either win and live for a while or die.....really that simple. Far too many people think the thin veil of this recent civilization, is real life.

Idiocracy's picture

This just in: the ghost of King George III has declared American Independence null and void. And also England's highest court. They also did that, too. Derp

shankster's picture

Founding Fathers proved that secession is possible and that it is a civil right and that it is a human right to secede.

itstippy's picture

It works if you can form an army and defeat your current ruler in an all-out war of independence.  The Continental Army managed to defeat the British in 1783 after a terible war, gaining independence for the United States Of America.  80 years later the Army Of The Confederacy tried to do the same thing to achieve independence for the Confederate States Of America.  Another terrible war.  They lost in the end.  

It's not easy to secede.  Civil right?  Human right?  Hardly.

Don Diego's picture

The USA only gained independence because the colonial power was distracted elsewhere by the top 3 navies after the Royal Navy. Has Catalonia got any support? any of you want to volunteer? I don't think so.

shankster's picture

Go Catalonia! Go California! Go Texas! SECEDE!

shankster's picture

Funny how so many in the US believe and rightly so that Catalonia deserves independence. But so many of those same individuals crawl into the fetal position and scream when one or more states in the US talk of secession...hypocrite much?

silverer's picture

I pray Californicate secedes. I scream because they are taking too long. And if they like their Hep A, they can keep their Hep A.