Spain Constitutional Court Declares Catalan Referendum Void

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.

Comments

auricle SumTing Wong Tue, 10/17/2017 - 13:02 Permalink

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.

In reply to by SumTing Wong

greenspanator wildbad Tue, 10/17/2017 - 11:27 Permalink

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.

In reply to by wildbad

HenryHall small axe Tue, 10/17/2017 - 09:55 Permalink

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.

In reply to by small axe

Ghordius lester1 Tue, 10/17/2017 - 09:08 Permalink

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

In reply to by lester1

wildbad Ghordius Tue, 10/17/2017 - 09:21 Permalink

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.

In reply to by Ghordius

Ghordius malek Tue, 10/17/2017 - 10:12 Permalink

funny argumentyou are right, of course. neither the Federal Republic of Germany nor the Democratic Republic of Germany made any referendum on the German ReUnificationthey just both voted on it in their parliaments. and neither had a constitution that specifically forbade such a thingwhich is... actually the argument, isn't it? a law is valid... unless the constitution prevents it, forbids ita 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 lawand so both Germanies became one... by treaty. the more usual approach, historicallythe 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

In reply to by malek

malek Ghordius Tue, 10/17/2017 - 13:00 Permalink

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.

In reply to by Ghordius

yvhmer Ghordius Tue, 10/17/2017 - 10:13 Permalink

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.

In reply to by Ghordius

ZorroHedge shankster Tue, 10/17/2017 - 09:06 Permalink

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.

In reply to by shankster

Idiocracy Tue, 10/17/2017 - 09:00 Permalink

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

itstippy shankster Tue, 10/17/2017 - 09:22 Permalink

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.

In reply to by shankster

shankster Tue, 10/17/2017 - 09:05 Permalink

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?