Examining the Standpoint of Eu in the Negotiation Between Catalan Government and Spanish Government on Catalonia Secession Issue (2010-2014)

EXAMINING THE STANDPOINT OF EU IN THE NEGOTIATION BETWEEN CATALAN GOVERNMENT AND SPANISH GOVERNMENT ON CATALONIA SECESSION ISSUE (2010-2014)

By Mahfudz Al Basithu Hajrikhan ID No. 016201100026

A thesis presented to Faculty of Humanities President University In partial fulfillment of the requirements for Bachelor Degree in international Relations Major in Diplomacy Studies

2015 THESIS ADVISER RECOMMENDATION LETTER

This thesis entitled “Examining the Standpoint of EU in the Negotiation between Catalonia’s Government and Spanish Government on Catalonia secession issue” prepared and submitted by Mahfudz Al Basithu Hajrikhan in partial fulfillment of the requirements for the degree of BA.IR in the Faculty of Humanities has been reviewed and found to have satisfied the requirements for a thesis fit to be examined. I therefore recommend this thesis for Oral Defense

Cikarang, Indonesia, 20 January 2015

Recommended and Acknowledged by,

Teuku Rezasyah, Ph.D

Thesis Adviser

DECLARATION OF ORIGINALITY

I declare that this thesis, entitled “Examining the Standpoint of EU in the Negotiation between Catalonia’s Government and Spanish Government on Catalonia secession issue” is, to the best of my knowledge and belief, an original piece of work that has not been submitted, either in whole or in part, to another university to obtain a degree.

Cikarang, Indonesia, 20 January 2015

Mahfudz Al Basithu

PANEL OF EXAMINER APPROVAL SHEET

The Panel of Examiners declare that the thesis entitled “Examining the Standpoint of EU in the Negotiation between Catalonia’s Government and Spanish Government on Catalonia secession issue” that was submitted by Mahfudz Al Basithu Hajrikhan majoring in BA.IR from the Faculty of Humanities was assessed and approved to have passed the Oral Examinations on 25 February 2015

Teuku Rezasyah, Ph.D.

Witri Elvianti, MA.

Dr. Endi Haryono, M.Si.

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ABSTRACT

After the end of heat caused by the secession issue of Scotland from Britain which concluded with the failure of Scottish citizen in getting most vote to break apart through referendum which allowed by British Government, the secession issue of Catalonia from Spain has becomes the main secession issue that currently ongoing in the world especially in Europe. This conflict appears to be unique because before discriminatory treat towards language, economy and culture from Spanish Government to Catalan, its people had already have nationalist feeling towards Catalonia in which basically already has language, economy and culture even its own flag. This issue is vital as Catalonia might succeed in getting out of Spain in the future, the economic and political situation in international system specifically in Europe will be shifted. It is because Catalonia is one of the wealthiest region and most productive in Spain. Yet, considering Catalonia has international port that seems attractive and busy yet its location is very beneficial.

All this time, Catalonia is the main engine to Spain for generating income in which helpful to survive in the economic crisis has been hurting the world especially states under European Union. Not to mention this issue getting more interesting as it left space for EU as involving international institution. The reaction from it will be explained towards the conflict between Spain and Catalonia. Whether it takes Catalan’s or Spain’s side, or even whatever would be the responds from the regional institution will be discussed.

This research will try to understand on what actually happening in Catalonia and how the involvement of European Union in this very issue. In explaining all of that, this research will also be supported by two theories within International Relation scope that will help in study process towards the issue currently faced by Spain and Catalonia. As for the method, this research will be using qualitative pattern taken from the results of finding out of primary and secondary sources.

Keywords: European Union, Spanish Government, Catalan Government, Secession, EU Treaty

ABSTRAK

Setelah berakhirnya kehebohan yang ditimbulkan dari masalah perpecahan Skotlandia dari Inggris yang berakhir dengan gagalnya masyarakat Skotlandia mendapatkan sebagian besar persetujuan untuk memisahkan diri melalui referendum yang telah diizinkan oleh pemerintah Inggris, masalah perpecahan Catalonia dengan Spanyol menjadi konflik perpecahan utama yang kini sedang terjadi di dunia terutama di eropa. Konflik in terlihat sangat unik karena sebelum diskriminasi terhadap bahasa, ekonomi dan budaya yang dilakukan pemerintah Spanyol terhadap Catalonia, penduduk mereka sudah lebih dulu memiliki rasa nasionalisme terhadap Catalonia yang pada dasarnya sudah memiliki bahasa, ekonomi dan budaya bahkan bendera mereka sendiri. Masalah ini begitu penting karena ketika Catalonia mungkin berhasil memisahkan diri dari Spanyol, keadaan ekonomi dan politik dunia terutama di eropa jelas akan berubah lagi. Hal ini diakibatkan karena Catalonia merupakan daerah yang paling kaya dan produktif di Spanyol. Belum lagi mengingat Catalonia memiliki pelabuhan yang atraktif, strategis dan sibuk di dunia.

Selama ini Catalonia adalah mesin bagi Spanyol untuk menghasilkan banyak uang yang membantu mereka bertahan dalam krisis ekonomi yang menerpa dunia terutama Negara – Negara dibawah Uni Eropa. Belum lagi, masalah ini menjadi lebih menarik ketika di dalamnya menyisakkan ruang untuk Uni Eropa sebagai institusi internasional yang bersangkutan. Akan dibahas bagaimana respon dari mereka dalam menyikapi masalah yang terjadi antara Spanyol dengan Catalonia. Apakah mereka memihak Spanyol atau Catalonia, atau bahkan bagaimanapun tanggapan mereka akan dibahas dalam penelitian ini.

Penelitian ini akan mencoba memahami dengan dalam apa yang sebenernya terjadi di Catalonia dan bagaimana keterlibatan dari Uni Eropa dalam masalah kali ini. Dalam menjelaskan itu semuanya, penelitian ini juga akan didukung oleh dua teori yang berada dalam jangkauan bidang studi hubungan internasional yang akan membantu dalam proses pembelajaran terhadap masalah yang sedang dialami oleh Spanyol dan Katalonia tersebut. Untuk metodenya penelitian ini akan menggunakan pola kualitatif yang diambil dari hasil – hasil penemuan di sumber primer dan sekunder.

Kata Kunci: Uni Eropa, Pemerintah Spanyol, Pemerintah Katalonia, Secession, Perjanjian Uni Eropa

ACKNOWLEDGEMENT

First of all, I would like to say Alhamdulillahirabbilalamin eventually I made it, my thesis. All complements are due to Allah SWT who has given me endless strength to pull it off. He is one of the factors that cannot be sidetracked in my struggle to put in all my efforts to finally produce this research. Without his guidance all this time, I certainly would not be able to get it done on time.

My parents and family also are the key factors that strengthen me and providing the moral boost whenever I felt mentally drained and exhausted. I would like to especially thank my mother for the endless prayers she delivers every day for the sake of my success and my father who is tirelessly taking good care of my family when I was not there at home. They are all highly important for me indeed. Even this thesis is definitely not enough to repay their kindness, but I have been working things out to create something greater that can make them proud.

I also would like to express grateful to both of my thesis advisors Mr. Teuku Rezasyah and Ms. Witri Elvianty for their excellent mentorship. The direction they focus me built the most part of this thesis otherwise this thesis will not come out as valuable as it is now. Their enlightments never failed to motivate me in perfecting this final project.

After more than three years fighting side by side shaping our own dreamed future, I cannot lose my words not mentioning International Relation batch 2011 of President University. Together we experienced happiness, laughter, grief and sorrow yet we still able to maintain such solid friendship. I am honored being trusted to represent this major competing in SOPU joining with tug of war and volley ball team. President Model United Nations also helps me grow and enhance my skill that would be priceless in the future.

In addition, I am very grateful to Devita Kania, Azhar Fuadi and Tifani Lusiana for their constant lectures and encouragement, to Aris Munandar, Farhan Dermawan and Rajiv Ambara for letting me stay overnight in their place when I needed to, and to Dede Wahyu, Safirah Fakhria and Dwi Agitha, my fellow high school students excited grabbing fun with me when I was in Jogja.

Plus, I would like to send my sincere gratitude towards Awale Ali, Hasrul Anhar, Disa Daramantasya, Yeni Meytadewi, Rinda Putri, Indah Fitri, Andhita Zerlina, Antik Arifani, Zuhaila Novita, Aditya Yudha, Astari Kinanti, Khairur Rizki, Fairuz Alhamdi, Endro Oberson, Muhammad Ikhsan, Duan Evan, Aprilliya Elshaviona, Mark Hermawan, Tias Aditya, Ratna Sudaryo, Lia Margareth, Gilbertus Nico, Putri Kuncahyo, Mr. Eric Hendra, Mr. Hendra Manurung, Ismail Hussein for the support on my thesis defense.

Additionally, I would like to mention my fellow Lazada staff: Dinda Rizlani, Adryansyah, Genta Pribadi and Ade Zulkarnain. Generally, they are all always be there for me whenever I needed them and I could not be happier with them all.

Sincerely yours,

Mahfudz Al Basithu

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TABLE OF CONTENS

CHAPTER I INTRODUCTION…………….………………………………………………….1 1.1. Background of the study……………………………………………………………1 1.2. Problem Identified…………………………………………………………………..3 1.3. Statement of the Problem…………………………………………………………...5 1.4. Research Objectives…………………………………………………………………6 1.5. Significance of the Study……………………………………………………………6 1.6. Theoritical Framework……………………………………………………………..6 1.7. Scope and Limitation of the Study………………………………………………..10 1.8. Definition of terms…………………………………………………………………11 1.9. Thesis Structure……………………………………………………………………12

CHAPTER II LITERATURE REVIEW…………………………………………………...…15 2.1. Introduction………………………………………………………………………...15 2.2. Books………………………………………………………………………………..16 2.3. Article and Journal………………………………………………………………...23 2.4. Chapter Conclusion………………………………………………………………..28

CHAPTER III METHODOLOGY…………………………………………………………....30 3.1. Introduction………………………………………………………………………...30 3.2. Research Method…………………………………………………………………..31 3.3. Research Framework………………………………………………………………32 3.4. Research Time and Place………………………………………………………….33 3.5. Research Instruments……………………………………………………………...34

CHAPTER IV THE DYNAMICS OF SPAIN AND CATALONIA SECESSION ISSUE...35 4.1. Introduction………………………………………………………………………...35 4.2. Catalonia Independence Issue (Catalan Perspective)……………………………35 4.2.1. Overview………………………………………………………………….35 4.2.2. Catalan Parliament Efforts……………………………………………...38 4.2.3. Legal Ways to get Self Determination…………………………………..38 4.2.4. Critics on Spain (Catalonia)……………………………………………..41

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4.2.5. Critics on EU (Catalonia)………………………………………………..43 4.2.6. Catalonia’s National Day………………………………………………..44 4.2.7. Civil Societies Role……………………………………………………….44 4.3. Catalonia Independence Issue (Spain Perspective)……………………………...46 4.3.1. Respond from Spain……………………………………………………..46 4.3.2. Spain Policy……………………………………………………………....47 4.3.3. Constitutional Court View………………………………………………47 4.3.4. Critics on Catalonia (Spain)……………………………………………..48 4.4. Negotiation Timeline……………………………………………………………….50 4.5. Critics……………………………………………………………………………….65 4.5.1. Critics on Catalonia (External)………………………………………….65 4.5.2. Critics on Spain (External)……………………………………………...65

CHAPTER V EU STANDPOINT ON SPAIN AND CATALONIA SECESSION ISSUE...67 5.1. Introduction………………………………………………………………………...67 5.2. European Union Brief Overview……………………...…………..………………67 5.2.1. The European Council…………………………………………………...70 5.2.2. The European Commission……………………………………………...70 5.2.3. The European Parliament………………………………………...……..73 5.2.4. The Council…………………………………………..…………………..76 5.3. EU Actors Views…………………………………………………………………...78 5.4. Commission President Candidacy Debate………………………………………..83 5.5. EU Treaty View…………………………………………………………………….85 5.6. EU View…………………………………………………………………………….88

CHAPTER VI CONCLUSION………………………………………………………………..91

BIBLIOGRAPHY………………………………………………………………………………95

APPENDICES…………………………………………………………………………………102

TABLE AND FIGURE LIST Figure 1.1. ………………………………………………………………………………10 Figure 3.1. ………………………………………………………………………………32

Table 3.1. ………………………………………………………………………………..33 Figure 4.1. ………………………………………………………………………………39 Figure 4.2. ………………………………………………………………………………64 Table 5.1. ………………………………………………………………………………..83

LIST OF ACRONYMS CiU Covergence i Union ERC Esquerra Republicana de Catalunya ICV-EUiA Iniciativa per Catalunya Verds – Esquerra Unida i Alternativa PSC-PSOE Partit dels Socialistes de Catalunya CUP POPULAR UNITY CANDIDATES UPyD Union Progreso y Democracia PP PEOPLE PARTY EPSO EUROPEAN PERSONNEL SELECTION OFFICE CFSP COMMON FOREIGN and SECURITY POLICY EMU ECONOMIC AND MONETARY UNION CNA CATALAN NATIONAL ASSEMBLY

CHAPTER I INTRODUCTION

1.1 Background of the Study

Catalonia secession issue has become one of the eye-catching headlines in global news media. The Spain province came up with the idea to hold self-determination determining whether or not to be independent state apart from Spain. In this prior, Catalan government has been conducting a series of negotiation with Spanish central government in Madrid to achieve a legally allowed referendum in democratic way. However, the Spanish government keeps declining the plan to conduct self-determination of Catalonia. When Catalan people want to decide their future by having self-determination, Spanish government insists to prohibit it by saying it is illegal. Moreover, Spanish government set Spanish language as compulsory subject to learn in Catalan school replacing Catalan language as secondary subject. Thus, it brings uneasiness and upset to Catalonia‘s government and people in the region. Yet, Spanish government gives unbalanced regional budget in return of high taxes Catalan have to pay.1

When Spain decided to be republic state by 1931, Catalonia earned its autonomy. Things had been shifted in the era of Franco, he withdrawn the autonomy from Catalonia and its language was banned. At that time, Franco has desired of having Spain as one unit, with merely one language, Spanish. He did not want federal-kind-of-state and remove the diversity out of Spain. He demanded for strong nationalism from all of the Spaniard. In that circumstance, those regions that have strong historical background and culture such as Catalonia and Basque were not happy.

1 Junyent, Carme. 2013. The Language of the Catalans. What‘s up with Catalonia

Basque region fought back against that policy, while Catalonia preferred to deal with it peacefully. However, several Catalan activists were executed as the result of extreme dictatorship by Franco. As He passed out, regional autonomies were all restored and King Juan Carlos started his era.2

Regionalization of Spain started to obtain acknowledgment by new democratic Spanish Constitution. By then, Catalonia received a statute of autonomy and recognized as a ―nationality‖. Catalan language also became joint official language with Spanish. Jordi Pujol elected as the very first president of the new regional government. After that, Socialist Pasqual Maragall stood out to be the next regional president. Jose Montilla, later, took the leader role of Catalonia. Catalonia reformed itself by strengthening its autonomy statute in which handing greater power and financial autonomy to the regional government. Couple of years later, non-binding vote regarding independence was held by Catalan nationalist. With the result shown overall 20 percent support, although it was dismissed by critics, it was triggering more and more pro-independence group. Then, its autonomy statute was taken back by Madrid Constitutional Court and was refused to acknowledge Catalonia as state within Spain. Later, Artur Mas was displayed as regional president of Catalonia up until now.3

Catalan National Assembly (CNA) organization launched its very first project conducting independence rally on Catalonia roads and was participated by 1.5 million people. On the election, suggestion to held independence referendum appeared for the very first time and was approved by Catalan regional parliament titled ―declaration of sovereignty‖. The seriousness of Catalans on independence was seen as they formed 400 km long of human chain from border of France in North

2 Catalonia Profile: Timeline. BBC News: Europe. Retrieved 30 September from http://www.bbc.com/news/world-europe-20345073 3 Ibid

to the South of Catalonia. It was a big deal that the participants were 1.6 million Catalan. Therefore, The Spanish Constitutional Court and the government started to be worried and were deeply concerned on this issue of Catalonia.4

Since Spain integrated herself into European Union in 1986, that international institution also has concern in this very issue of Catalonia. Self-determination as something desired by Catalan people is one of tools in democracy. Thus, EU that uphold democracy value in its treaties, unable to be ignored to get involved to view the Catalonia issue in international perspective. In this issue EU has its own standpoint. It is presented by speeches from EU representatives in international forum and the fact that Catalonia issue brought as topic in European Commission candidacy debate.5

1.2. Problems Identified

Catalonia‘s desire to build independent nation have been gradually increasing after series of discriminatory treat received from Spanish government. Even though Catalan government has been going all out in negotiating a mutual solution with Madrid government, the satisfaction of the Catalans never fulfilled. On the other hand, Spanish government keeps on saying a no without providing any alternative solution to Catalonia. In fact, it had done anything possible to maintain Catalonia within Spain. The negotiations between two parties only ended up as time wasting efforts. Both of them, Catalan government and Spanish government have been underlining their stand point which disables them to see a successful agreement. No matter how persistent Catalan elite has tried to start over

4 Catalonia Profile: Timeline. BBC News: Europe. Retrieved 30 September from http://www.bbc.com/news/world-europe-20345073 5 CVCE (2012). The Signing of Spain‘s Treaty of Accession to the European Communities. Retrieved from http://www.cvce.eu/obj/the_signing_of_spain_s_treaty_of_accession_to_the_european_communit ies-en- 86271af3-f326-4ce5-96f0-fbc536725764.html

the negotiation, Spanish government remains insisted to close the door of discussion. Every time Catalan government comes up with new idea to talk about change, Spanish government refuses to sit down together. The Spanish government expects that in the end Catalan elite will give in on it and accept the status quo and stay within Spain as one of its regions.6

The Catalan government is not particularly focused on arranging policy to bring their issue with Spanish government onto international table. However, the one who moved to do so is Catalan civil societies such as Omnium Cultural and Catalan National Assembly. Since internal discussion has been leading to pretty much nothing, they looked for the alternative outside Spain. They want the whole world to know that they deserve to get attention, to be listened to, to express the desire of Catalan people in majority. As for the Catalan Government, it internationalizes the issue by sending letter to European Commission leader, publishing books which explain the issue, participated in international forum or discussion and so on. More impressively, since 2012, millions of Catalan people get down on the Barcelona street holding a peaceful demonstration annually while celebrating Catalonia‘s national day on September 11. By doing these, they are hopeful to earn concrete assistance from outside of Spain. Hence, it affects the EU‘s concern on regional stability in Spain since it is one of the member states.7

This regional disintegration issue of Catalonia has appeared to be very unique. In one perspective, it could trigger more secession movement in Europe or at least in Spain. In this context, Catalonia is not only the one who wants a change in Spain, but there is also Basque for instance. Yet, this issue of Catalonia has been happening peacefully and bringing

6 Catalan News Agency: Politics. Rajoy doesn‘t offer an alternative and Catalan President will call self-determination vote anyway. Retrieved 30 September from http://www.catalannewsagency.com/politics/item/rajoy-doesn-t-offer-an-alternative-and-catalan- president-will-call-self-determination-vote-anyway 7 Hjelmgaard, Kim and Lackey, Katharine (2014). ‗Independencia!‘: Protesters Demand. Retrieved from http://www.usatoday.com/story/news/world/2014/09/11/catalonia-independence- referendum-protests/15436277/

democratic value, a value that the world especially most European states go for. In fact, Spain herself also established as social and democratic state. But then, granting what Catalan people desire is apparently an unlikely decision for Spanish government. In this extent, Spain seemed does not want to act as democratic state by listening to people‘s idea. On the other side of the world, United Kingdom also had similar case with Scotland. Unlike Spanish government, the British government has ensured themselves to work together and legalizes the self-determination vote for Scottish, although in the end the result said a no in majority. Catalonia, then, it has its own culture, language and flag that the people want to cherish. Even though, technically, Catalonia is a region of Spain but then the people feel like a nation themselves. This issue even came up to be more interesting as the movement is underway in a non-violent way. It is worth to see the respond of EU in this very democratic regional issue in Spain. In seeing that issue, the European Union is keen to defend Article 4 of its Treaty that, in short, says the union shall respect the function of Spain as state. Thus, although Catalonia wants a help from EU, the union is remain practically impassive.8

1.3. Statement of the Problem

Topic: This research is about examining the standpoint of European Union as regional institution in Catalonia – Spain dispute (2010-2014)

Question: What is the standpoint of European Union as regional institution in Catalonia – Spain dispute? (2010-2014)

8 Catalan News Agency (2014). Catalan President asks Spain to ―listen to‖ Catalonia‘s ―peaceful and democratic claim‖. Retrieved from http://www.catalannewsagency.com/politics/item/catalan- president-asks-spain-to-listen-to-catalonia-s-peaceful-and-democratic-claim

1.4. Research Objectives

Based on the statement of problems above, the main objectives of this research are as follows:

1. To understand the dynamics of Catalan Government‘s negotiation with Spanish Government 2. To examine standpoint of European Union as regional institution in the Catalonia – Spain dispute

1.5. Significance of the Study

The significance of this thesis will be presented below:

1. This thesis is designed for helping to understand interaction between regional government with central government in holding negotiation 2. This research is aimed to give deep view in on-going regional secessionism issue in Catalonia 3. This thesis is intended to enrich knowledge on how people involved peacefully in such process of regional secessionism in Catalonia 4. This research is produced to help in learning what the standpoint of European Union as regional institution in central – regional governmental dispute

1.6. Theoritical Framework

Liberal Institutionalism

If there is such major alternative for realism in the study of international relation, then those are liberalism. It covers liberal internationalism and institutionalism. It has brings to discussion on the credibility of liberal institutionalism as the true alternative on realism since 1970s. This theory tells that global governance and international organizations as tool to teach international relations. It finds that common goals take role in the international system and the function of international

organization to have states to work together. Therefore, it declines the realist‘ argument that international politics is sort of battle for domination in which military security problems are the main thing. And it says that one can think of a world where actors beside states involve directly in world politics stage, that obvious hierarchy of problems does not there, and where force is become no longer effective tools of policy.9

Internationalism and Institutionalism have progressed to be main theory in the Liberal school of international relations theory. It had turned into the big challege for realist‘s thought of world system in the second half of 20th century.10

Internationalism argues that international organizations as well as international society is matter in world system. In the perspective of Hedley Bull, international society is there when several collective interests and values intentionally build society in the extent that they believe themselves to be tied by collective list of rules in their relations each other. It divided in operation of collective institutions.11

This kind of international society is in line with the idea of cooperation among states for collective interests and objectives. Liberal institutionalism underlines that in attempt to achieve peace in international affairs, states require to work together. And using their covereignty to shape like integrated societies aimed to uphold economic development and react to regional and international security problems.12

Both Josep Nye and Robert Keohane are the first to deliver that liberal institutionalism concern on the idea of complex interdependence by

9 Baylis, J and Smith, S ed. (2005). The Globalization of World Politics: An introduction to International Relations. Oxford University Press, and Oxford 10 Bull, H and Watson, A ed (1984). The Expansion of International Society, Clarendon Press, Oxford 11 Bulmer, S (1993). ‗The Governance of the European Union: A New Institutionalist Approach‘. Journal of Public Policy. Vo.13, No.4 12 Caporaso, J and Jupille, J (1999). ‘Institutionalism and the European Union: Beyond International Relations and Comparative Politics‘. Annual Review of Political Science, Vol.2, pp 429-444

focusing on four points that tell institutionalism is not the same with realism. These points are formed by number of channel permitting interaction between actors across states boundaries and which boost the interaction and connects between actors and non-state actors where attention is provided indiscriminatedly to all problems, that there is less or no difference among high and low politics. Unlike realism that pay more attention on security dilemma and the decrease of military force as tools by which policy is taken.13

Thus, In European Union, one can see common goals play role in the international system and have member states working together. Its main goal is designed to have a barrier-free trade zone and increasing economy sector through generating more efficiency in the market. Set of collective interests and values intentionally built society in the extent that they believe themselves to be tied by collective list of rules which is EU Treaty, in their relations each other. Since the first day, the Union is supposed to achieve peace together and end the war amongst neighboring European states. Yet, using their sovereignty to shape like integrated societies aimed to uphold economic developmemt and react to regional and international security problem.

Primary Right Theories

According to Allen Buchanan, there are two kinds of normative theories of secession. The first one is Primary Right Theories and Remedial Right Only Theories as the second one. Primary Right Theories describe that groups can get a right to break up when any injustice is do absent. They do not use secession to redress injustice. Meanwhile, Remedial Right Only Theories is more similar with the desire of revolutionary movement. It is triggered if there is fundamental of human right is being violated or there is one or two citizen being physically

13 Claude, Inis (1971). Swords Into Plow shares: the problems and progress of international organization, Random House, New York

harmed by government. The aim is not to terminate the government, but to limit its control over that group‘s territory. However, the right of group to break away in Remedial Right Only Theories has to be considered as the last resort of that particular group. It does means, there is no other option available after series of effort has undertaken but failed.14

Then, Buchanan also categorized Primary Right Theories into two. Firstly is Ascriptive Group Theories. It needs the group to possess ascriptive aspects in common like ethnicity or influencing culture as the condition. Thus, that group will have desire to build their own state. The second one is called as Associative Group Theories. This group is rather heterogeneous, not merely tied with one culture or ethnicity. The group‘s desire to generate new state is formed in its political unit. In other words, it is grounded by political concern. They neither share same connection nor historical background.15

14 Buchanan, Allen (1997). Theories of Secession. Philosophy & Public Affairs 26 15 Ibid

Secession Theories

Right Only Remedial Right Theories Only Theories

Ascriptive Group Associative Theories Group Theories

Figure 1.1

As one has reviewed secession theories, one can tell that Catalonia secession is get in together with Right Only Theories instead of Remedial Right Only Theories. As it is mentioned in that theory, Catalan citizens do not suffer from any physical harm from Madrid Government. Currently, there is no major injustice against Catalonia, although there were some in the past towards its culture and language especially during Franco regime. Most of Catalans do want an independent state out of Spain. Yet, they have been sharing common culture, language and nationalism spirit.

1.7. Scope and Limitations of the Study

This thesis will start the research from 2010 exactly when Spanish Constitutional Court decided to set Spanish language as compulsory subject in Catalan schools, but not for Catalan as local language. Yet, in this year, the 2006 Catalan statute in which Catalonia has based its laws on it, had withdrawn by Spanish Constitutional Court as well. This thesis‘ observation will be ended in 2014 by the end of the year.

1.8. Definition of Terms

Here is detailed definition of Secession used in the study:

According to Merriam-Webster Dictionary, se·ces·sion is the act of separating from a nation or state and becoming independent.16

Secession is the act of withdrawing from an organization, union, military alliance or especially a political entity. Threats of secession might also be a strategy for obtaining more limited purpose.17

Here is detailed definition of Autonomy used in the study:

According to Merriam-Webster Dictionary, au·ton·o·my is the power or right of a state, group to govern itself.18

It refers to the capacity of a rational individual to create an informed, un-coerced settlement. It is often used as the basis for deciding moral responsibility and accountability for one‘s behavior. In the perspective of United States government, it defines one‘s own self- governance.19

Here is detailed definition of Statute used in the study:

According to Merriam-Webster Dictionary, stat·ute is a written law that is formally designed by a government.20

It defined as a legislative authority‘s formal written instrument in which governs a state, city or country. Specifically, statute orders or disallows something, or contains policy. This term often applied to

16 Merriam-Webster Dictionary: Secession. Retrieved 30 September from http://www.merriam- webster.com/dictionary/secession 17 Allen Buchanan (2007). Secession. Stanford Encyclopedia of Philosophy 18 Merriam-Webster Dictionary: Autonomy. Retrieved 30 September from http://www.merriam- webster.com/dictionary/autonomy 19 Autonomy in Moral and Political Philosophy (Stanford Encyclopedia of Philosophy). Plato. Stanford. Edu. 20 Merriam-Webster Dictionary: Statute. Retrieved 30 September from http://www.merriam- webster.com/dictionary/statute

distinguish law created by legislative institutions from case law, determined by courts, and regulations listed by government agencies. It sometimes known as legislation. In its function as source of law, it is categorized as primary authority, not secondary one. Ideally, all of the statutes shall be harmonious with the fundamental (constitutional) law.21

Particularly, in Spain, autonomy statute is a legal document related to a state constitution in a federal state. It has a category of special laws objected merely for the primary institutions and issues and sorted in the Constitution.22

1.9. Thesis Structure

Chapter 1 – INTRODUCTION

In this chapter, the background of study regarding the conflict between Spain and Catalonia and the involvement of the European Union will be explained. It lists the problems that engage in their interaction. It stated the problem that researcher wish to be highlighted on the thesis. The objective of the thesis is also provided in that chapter. It tells what might significant for study material in the view of international relation. It mentions how liberal institutionalism and primary right theories will be two theoretical frameworks fit in the thesis‘ discussion. It also shows the limitation on how far the timeline of the discussion. The last part is about defining the terms used on the thesis.

Chapter II – LITERATURE REVIEW

This section will try to point and review three books, three articles and one journal that help to better understand about the issue of thesis. It picks one source that most helpful in giving view on the issue. It argues in what extent that the researcher finds that source is very valuable in writing the research.

21 Black, Henry Campbell (1990). Black‘s Law Dictionary, Sixth Edition. West Publishing. 22 Ibid

Chapter III – RESEARCH METHODOLOGY

This chapter will mention how the research was conducted and which method is used to finish the thesis. On the research framework, both the relation and interaction happen between EU, Spain and Catalonia are connected briefly. Before throwing in the instruments that formed this research, it settles the research time and place to conduct the research.

Chapter IV – THE DYNAMICS OF SPAIN AND CATALONIA SECESSION ISSUE

This part will explore Catalonia independence issue from Spain. It is divided into the brief overview, Catalan Parliament‘s efforts, legal ways to achieve independence, Catalonia national day, role of Catalan civil societies, responds from Spanish government, Spanish government policy to deal with Catalonia desire, the view from Spanish Constitutional Court, critics from Catalonia government towards both Spanish government and European Union. Plus, it is providing negotiation timeline in the year of 2014. It is ended by disclosing the critics coming from outside Spain about Spain and Catalonia dispute.

Chapter V – EU STANDPOINT ON SPAIN AND CATALONIA SECESSION ISSUE

Firstly, it will give brief overview on European Union as international institution. Then it delivers the perspective of EU important actors such as the presidents and vice presidents towards the issue between Spain and Catalonia. It also equipped with internal debate of Commission President Candidate regarding issue raised by Catalonia. After that, this research is examining the standpoint of EU with its Treaty. It is followed by investigating why the union has been staying in that position.

Chapter VI – CONCLUSION

This chapter will pretty much provides the sum up and gathers all the essential points out of this thesis. It will be done by adding the recommendation for European Union and Spain to better accommodate Catalonia.

CHAPTER II

LITERATURE REVIEW

2.1. Introduction

―As the foundation of any research project, the literature review should accomplish several important objectives. It sets the broad context of the study, clearly demarcates what is and what is not within the scope of the investigation, and justifies those decisions. It also situates an existing literature in a broader scholarly and historical context. It should not only report the claims made in the existing literature but also examine critically the research methods used to better understand whether the claims are warranted. Such an examination of the literature enables the author to distinguish what has been learned and accomplished in the area of study and what still needs to be learned and accomplished. Moreover, this type of review allows the author not only to summarize the existing literature but also to synthesize it in a way that permits a new perspective. Thus a good literature review is the basis of both theoretical and methodological sophistication, thereby improving the quality and usefulness for subsequent research.‖23 A literature review is so important that it supports the argument related to the topic. Plus, it helps the reader to catch different view on the issue being discussed. This thesis focuses on three books, three articles and one journal respectively. They show this research is examining similar researches in the field. Hence, they are as follows:

1. The Next Independence State in Europe? Catalonia‘s Critical Juncture and the Conundrum of Independence, written by Toni Rodon 2. Higher Education in Regional and City Development: Catalonia, Spain, arranged by OECD 3. Independence in Europe: Secession, Sovereignty, and the European Union by Christopher K. Connolly.

23 Boote, D. N. & Beile, P (2005). Purpose of the literature Review. Sage Publication. P.4

4. The Place of an Independent Catalonia in the European Union, produced by Bardo Fassbender. 5. Catalonian nationalism in Spain‘s time of crisis: From asymmetrical federalism to independence? Of Mathieu Petithomme and Alicia Fernandez Garcia 6. A New Catalonia in A New Europe written by Marti Anglada. 7. The Independence of Catalonia: The Economic Viability staged by Xavier Sala-i-Martin

2.2. Books

The first review will be discussing on Toni Rodon book about The Next Independent State in Europe? Catalonia’s Critical Juncture and the Conundrum of Independence. At first he believes that Catalonia issue has stunned international press. The issue itself is generated by the disastrous development of the Spanish economy in the last years. In the article he argues beside of economic factor playing, political demands for independence are a product of a recent critical juncture. Particularly, he shows that throughout history, Catalan political actors have pursued three goals: a democratic system, a more modern economy and the implementation of a plurinational state. However, as of the third goal, he stated that the demand still vivid and has pushed Catalans to choose different way from the traditional path, instead of seeking a new path towards accommodation within Spain, Catalans have decided to take the secessionist way.

In the first section, he tries to explain about critical juncture as it was defined by Collier, saying it is a period of significant change, which sometimes occurs unexpectedly, and produces a distinct legacy than the previous one. Then, he gives illustrative example on how critical junctures shape history and help to understand nowadays processes using the book of Why nations fail? From Acemoglu and Robinson after he analyzes the

16 impact of the XIV century Bubonic plague, labeled as the Black Death in attempt to explain differences between Western and Eastern Europe.

He thinks that case is useful when analyzing the pre-eminence of Catalan nationalism and its current situation as he mentions the case of Catalonia is often considered a leading example of State‘s lack of plurinational recognition and regionalist conflict. He considers that a close look at key historical periods reveal that the interaction between Catalan demands and the State response to them has created critical junctures that have turned Catalan nationalism into its current shape.

In the second section, he defines Catalanism and differs it with other sub-state realities using data found by Sorens which shows that of identified 283 national minorities all over the world, only 38% expresses political demands for further territorial decentralization or they demand the creation of a new state, including Catalonia itself. After that, he chronologically explains the survival and persistence of Catalanism by categorizing three ages: XIX and XX century, during Second Republic (1931-1939), and the transition to democracy between 1975 and 1980. Up to that point, he adds during the XIX and the beginning of the XX century, Catalanist demands strongly emerged in the different critical junctures that interacted with three antecedent conditions. Firstly, the antecedent factor is related with the failure of the building of the Spanish nation-state. The second antecedent condition is related to the economic differences between the two territories. Finally, military occupation represents the third antecedent condition. He believes Spain‘s failure of developing a modern nation-state, both through education and institutions affect Catalan to come up with three demands: higher level of inclusiveness in the political system and a system more opened to Europe which is democracy, higher levels of Spanish economic modernization, and the implementation of a territorial model respectful with the Catalan identity.

In the third section, he proposes there are plenty of studies that considered the ‗State of Autonomies‘ implemented in the 1978 Constitution as the best model to tackle the perennial Spanish situation. Then, he points out that the two of three historical demands – economic modernity in a European context and democracy – have been achieved. However, the third one, the Spanish acceptance of the internal plurinationality has been a complete failure. Therefore, according to him, the Catalan government have been launched many attempts to attain self- government since 1980. Lastly, Rodon tells the struggle of Catalonia to get statute marked the self-government until Spanish Constitutional Court decided to trim it on May 2010.

In the last section, he briefly provides explanation about the respond from Catalan people and its government towards the withdrawal of the autonomy statute. Yet, he strengthens his argument by showing figure on survey about the evolution of the state model desired by the Catalans (2006-2012), categorized as autonomous community, independent state, state within federal Spain or region within Spain. The figure concludes that Catalan people want to form an independent state apart of Spain. In last part he concludes by showing a poll (10 October 2012) that most of Catalan people as much as 74% are in favor of a referendum in order to decide Catalonia‘s political status.

The second book to review is Higher Education in Regional and City Development: Catalonia, Spain. It was published by OECD (Organization for Economic Co-operation and Development) in 2010.

In the first section, the book explains briefly on Catalonia‘s overview includes: number of Catalonia‘s inhabitant and its economic condition supported by data. Yet, it also describes the challenges faced by Catalonia and its universities that needed to address to prepare for the post-crisis economy such as: how to create jobs, address unemployment, transform economy, address the socio-economic gaps, as well as reform

18 the governance and management. The book also gives recommendation both for Spanish and Catalan government on specific issues such as promoting human capital development, regional innovation in Catalonia, as well as enhancing cultural and creative industries and sustainable development in Catalonia.

In the second section, the book presents the profile of Catalonia with its main socio-economic characteristics. It provides a brief overview of the Spanish and Catalan tertiary education and RDI (Research, Development and Innovation) system. It explains, even though Catalonia is one of the leading regions in Spain and its GDP per capita has grown, but the productivity has remained low. Then that Catalonia is facing with economic crisis combined with high unemployment rates and challenges in industrial relocation and social cohesion, sustained investment in human capital development and innovation are necessary to prepare for the post-crisis economy. Thus, the book believes that greater collaboration between the universities, public and private sector is necessary.

In the third section, the book addresses the ways in which universities in Catalonia contribute to the development of human capital. It identifies the twin challenges of developing and recruiting talent to support regional investment in high-tech R&D, for example in biosciences, and widening participation and strengthening social equity in light of rising unemployment and increased immigration. At last, it concludes with a series of recommendations to foster a more systematic approach to tertiary education, with a goal to support sustainable regional development and to enhance the role that the Regional Government of Catalonia, together with the universities and other tertiary education institutions and regional stakeholders, can play in improving human capital development in the region.

In the fourth section, it is stated that the regional dimension of innovation is crucial to promote long-term economic growth and

19 competitiveness. This section examines the effectiveness of current innovation policies and practices and the role of research and knowledge transfer conducted by the universities. It considers the effort made by the Regional Government of Catalonia and universities. It examines the current knowledge transfer and exchange mechanism and highlights good practice from other regions. Finally, it concludes with recommendations to improve innovation outcomes. Catalonia‘s complex innovation system has developed thanks to its universities that play an important role in educating the labour force and in producing knowledge. The universities are increasingly encouraged to fulfill their third mission engagement in the region‘s innovation system.

In the fifth section, the book focuses on how the universities in Catalonia can contribute to three areas of critical importance to the region by: responding to the demographic transition in the region and the needs of a new immigrant population which will compose a large portion of future students in Catalan universities, contributing to the region‘s internationally recognized ―creative economy‖, and addressing the region‘s future environmental sustainability within the context of strengths in agriculture and renewable energy industries. This section ends with recommendations for furthering goals to change the research and teaching culture in order to reach the ambitious goals laid out in the University of Catalonia plan. The universities in Catalonia play an important role in representing and preserving the distinctive culture and language of the region. They can also help address the significant environmental and social problems facing the region and its constituent communities.

The sixth section highlights the current policies, strategies and tools used by regional and local stakeholders and universities in Catalonia for regional and local development. It identifies the barriers for added- value collaboration and suggests a way forward. The interaction between universities and the city and the region in which they are located can be beneficial to both parties. It needs co-ordination of efforts among

20 stakeholders. The main point is that the impact of the regional engagement of universities is reduced by the fragmentation of policies and complexity of Spanish and Catalan university governance system. Finally, reforming the university governance system and strengthening institutional can unleash the potential of universities for regional and local socio-economic development.

The third book backs up this thesis is Independence in Europe: Secession, Sovereignty, and The European Union by Christopher K. Connolly.

In general, he explores the meaning of ‗Independence in Europe‘ in light of the current parameters of the right to self-determination, which remains rooted in notions of state sovereignty and territorial integrity, and the process of European integration, which has given rise to a more nuanced understanding of sovereignty and statehood. Part I gives background on Catalonia, Scotland, and Flanders, paying particular attention to the ways in which nationalist movements in these regions have been influenced by their unique identities, their acquisition of political autonomy, and economic disputes with their respective parent states. In this part he explains Spanish system of autonomous governments with Michael Keating view, saying it is the result of contradictory pressures for differentiation, coming from the historic nationalities, and for uniformity, coming from the central state.

Part II addresses the scope of the right to self-determination in international law and demonstrates that Flanders, Scotland and Catalonia do not possess a unilateral right to secede. In explaining the concept of self-determination, Connolly presents former U.S. President Woodrow Wilson vision. He also uses the case on responds of League of Nations towards self-determination demanded by people of Aaland Islands in 1920. Then, he continues the discussion on the change of self- determination legal status according to United Nations. He argues that at

21 most, only three non-colonial territories in the UN Charter era which are Bangladesh, Eritrea and most recently Kosovo that they have successfully seceded without their former parent states‘ consent. By applying the framework articulated by the Canadian Supreme Court in its advisory opinion on Quebec‘s possible secession from Canada, however this part describes how Europe‘s stateless nations could negotiate independence from their parent states. However, he argues, international law is frequently described as taking a neutral stance towards secession that acts of secession are evaluated under domestic law, while international law is only concerned with regulating secession‘s consequences.

Part III places Flemish, Scottish, and Catalan nationalism within the context of European integration and explores how the EU both encourages and places limits on self-determination claims. To him, European integration was not always popular among nationalists in Europe‘s stateless nations. Connolly argues it is overly simplistic to conclude that the EU encourages or discourages separatism or that it makes secession easier or more difficult. He underlines that despite lack of regional participation in EU policy-making process, including Catalonia, it helps herself alongside with some other regions participating in Europe Free Alliances and Conference of European Regions with Legislative Power. However, EU provides these stateless nations with opportunities to engage in ‗paradiplomacy‘ to promote cultures. Thus, he compares the result of ‗paradiplomacy‘ in the context of Catalonia and Flanders. As for membership regulation, he explains UN attitudes towards Pakistan and views EU will be adopting same approach on Catalonia. Later, he links between the Eurozone crisis and sub-state nationalism in which is extracted into three: the Eurozone crisis has affected the degree of support for separation, it concerns broader questions of state sovereignty and the future course of European integration, and lurking in the background of the debates over sovereignty and European integrity.

Finally, part IV returns to the paradox of separatism in the midst of integration and suggests how international law and state practice might evolve to reflect new realities at a time when the building block of the international system—the state—is being challenged both from above and from below. His main argument in last part is answering on how the international community should approach the challenges posed by sub- state nationalism. In attempt to response, he proposes three steps that the EU and its member states could take to engage constructively with sub- state nationalism: consistent with the Canadian Supreme Court‘s advisory opinion on Quebec states faced with separatist movements should consider allowing for referendums to gauge support for separation, the EU should consider expanding the formal opportunities for sub-state regions to participate in EU policymaking, and the EU should clarify its position on how it would deal with secession from a member state.

2.3. Articles and Journal

The literature number four to review is The Place of an Independent Catalonia in the European Union, a paper produced by Bardo Fassbender.

At first, Fassbender explains on what makes Catalonia Parliament urged the Catalonia Government led by Artur Mas to start a dialogue with Spanish government ‗with a view to enabling a consultation of the people of Catalonia to decide upon its future‘. Then, he compares Catalan desire to hold referendum with Scottish people before start discussing on the possible continuity of Catalonia and Scotland membership within EU if the happened to be independent state someday. However, Spain and Britain as the opponents warned Catalonia and Scotland that they would automatically drop out of the European Union after achieving independence. In attempt to strengthen his points, Fassbender adopt statement of EU Commission President Jose Manuel Barroso in which also refers to EU treaty on EU membership procedure.

More extremely, Fassbender throws in argument from Professor Joseph H.H. Weiler of the New York University School of Law saying both Catalonia and Scotland have to remain out from EU in case they got independence because it will defeat spirit and ethos which gave birth to noble experiment which is the European Union itself. In response, he emerges observation from Professor James Crawford (University of Cambridge) and Professor Alan Boyle (University of Edinburgh) on possibility of Scotland to get automatic membership through adjustment of EU treaty by European Union.

Next, Fassbender starts talking whether Catalonia and Scotland should be considered as third country taking account that third countries shall apply new membership in EU. After that, he provides requirements needed for state which has to be met in order to apply EU membership according to EU treaty.

Catalonian nationalism in Spain’s time of crisis: From asymmetrical federalism to independence? Of Mathieu Petithomme and Alicia Fernandez Garcia will be the fifth literature to support this thesis.

In the first chapter, Petithomme started by arguing economic crisis Spain faced in 2008 triggers the raise of Catalonian nationalism. He added, nationality recognition for Catalonian identity has been able to emerge in strength on the political scene. He answer the question of, with Spain in crisis, what is the political situation of the Catalonian nationalism today?, What forces are in action on the Catalonian and Spanish political scenes? by reviewing the situation to cast a contemporary light on the current course of Catalonian nationalism, while putting it into a wider socio-historogical context. Petithomme arrived at the point on year-by- year explanation on the rising of Catalonian nationalism by highlighting the role of Esquerra Republicana de Catalunya (ERC) as major political party in the region. He also visualizes the political representation of nationalism in the Catalonian Parliament using table on result of

Catalonian Parliamentary Election (1980-2010). Yet, he extracts the political Catalonian nationalism on the national scene.

In the second chapter, Petithomme briefly introduce two different perspectives of two major political parties in Catalonia which are ERC and CiU on some things. However, both are representing main nationalist parties. The first thing is regarding the contours of the Catalonian nationality. The second one is regarding the status of Catalonian. The third one is about the goals and means for action of nationalism. Lastly, it is on Catalonia‘s relations with Spain.

In the third chapter, he appears with the struggle faced by Catalonia government in proposing 2006 autonomy statute to Spanish Congress of Deputies and Senate. But then, in 2010, Spanish Constitution turns down the autonomy statute because it violates several articles of the Spanish Institution. As the result, it gives two different consequences for the Spanish nationalists and Catalonian nationalists.

In the last chapter, Petithomme comes up with the description on the events happened after Catalonia‘s autonomy statute rejection. In general, there are three main events. The first one, according to him is the severe economic crisis which has engulfed Spain since 2008 because of bursting of the property bubble, the collapse of the construction sector and that of European sovereign debt. Specifically, he categorizes the impact of the economic crisis into three: long, medium, and short term. Secondly, the return of the right to power in Madrid, marked by PP victory in 2011 Spanish legislative elections. The last one, the support of budget cuts by the CiU in Catalonia as Artur Mas takes over the leadership role. In addition, he discuss on the dynamic change of the power distribution in Catalonian Parliament by offering table consists of result of Catalonian Parliamentary Elections in 2010 and 2012.

The sixth supportive literature this used by this thesis is A new Catalonia in A New Europe written by Marti Anglada.

To begin with, Anglada sees Catalonia has similar economic capacity with Switzerland who has been doing great even without included herself in European Union. He thinks excluding Catalonia who is one of EU‘s net contributors with seven and a half million citizens would be a mistake to the regional institution. He argues although Spain would possibly veto against Catalonia EU membership, the Union actually possesses a considerable ability to influence its member states. Particularly, considering the public debt crisis currently suffered by the Eurozone, especially Spain herself. The possible solution to directly claim Catalonia as EU member is by creating new state within the EU (internal enlargement mechanism). In contrary, he says adding number of EU members states without simultaneously extending the EU‘s geographical area and total population is that it risks making the Union an increasingly complex and difficult entity to control. However, he believe altering European Union into more federal system could help Catalonia get better position within the Union.

Thus he introduces this legal framework that would encompass state like Catalonia and Scotland. Later, he brings out The Berlin Club to the game. This Berlin Club wants to remodel European Union by giving more legislative powers and control. It also has intention to prevent a single state from vetoing or blocking decisions as well with new regulation. In the end, The Berlin Club‘s goal is to get European Union into federal system. Hence, Anglada strongly believes that The United States of Europe will give a hand to Catalonia to have more proper role in Europe.

The last literature to complete this thesis is The Independence of Catalonia: The Economic Viability staged by Xavier Sala-i-Martin

In the occasion, he tries to analyze the arguments that the anti- independents use to demonstrate that Catalonia is not viable as an independent country. Generally, he compares Catalonia with 7.5 million

26 inhabitants with prosperous Switzerland who only has 6 million inhabitants. He argues the size of country does not affect the capacity but expenditure per capita and economic growth does. In this context, he sees countries like Belgium, Holland and Switzerland as the standard and China, India and Russia as states represent powerhouse in term of size but not so successful economically. Yet, states that possessing natural resource also cannot be the indicator whether state will economically prosper or not. States like Japan, Hong Kong, Taiwan, South Korea and Singapore are all having limited access to natural resource but still doing well in international stage. In contrary, he mentions Mexico and Venezuela as state who own natural resource but still in struggle. By saying that, he believes that there is no relationship between the wealth of having natural resource and economic growth.

It is necessity to gain economic growth through usage of natural resource but there is another way like international trading. According to him, this could be possible way. He also confirms that independent Catalonia would be able to compete with Paris, London, New York, Hong Kong or even Madrid. Yet Catalonia would not lose Spain as biggest market as long as the price and the quality offered is not decreasing. As for the way of achieving independence, he tells that Catalonia on the right track by choosing the peaceful way. Historically, states like Slovakia, Estonia and Lithuania make it in non-violent way either. On his point of view, Catalonia could survive herself as long as it can guarantee on several points such as creative population willing to work, legal system that ensure investors property rights, incentives to companies to innovate and to adopt new technology, educational system which helps the population to be more productive, and good government who encourages internal and external trading and never sinks a productive economy with excessive taxes with a fair bureaucracy and intolerable corruption as well as maintains fiscal and monetary stability.

2.4. Chapter Conclusion

All of the seven authors provide different perspectives to the writer about Catalonia secessionist issue. They are all pretty helpful in arranging this thesis as the references. Apart of presenting goals of Catalan political actors, Rodon generally conclude that recent demands for secession are neither a short-term process nor solely attributable to the economy. OECD gives internal perspective on how the interaction between Spain, Catalonia and its university working together to maintain the development especially in term of education. They analyze how the higher education system impacts upon regional and local development and bring together universities, other higher education institutions and public and private agencies to identify strategic goals and to work towards them. Fassbender gets EU into the discussion and confirms an independent Catalonia and Scotland would not automatically become a member of the European Union but would have to apply for membership.

Petithomme, on the other hand, observes this Spain-Catalonia issue from Catalonia‘s political parties. Meanwhile Anglada has same approach with Martin comparing Catalonia with Switzerland, but then he also believe that Europe in rather federal system can find itself helpful for Catalonia to settle down into the system if it obtain independence. Connolly discusses the approach taken by international community, specifically EU in managing stateless nations like Catalonia as he says EU will play a leading role in determining the outcome of stateless nation‘s nationalist claims. Then, Martin confirms independent Catalonia would be able to survive or even compete internationally.

Amongst all the literature above, what most impressing is Independence in Europe: Secession, Sovereignty, and the European Union from Christopher K. Connolly. Plus, it comes up to be the more useful in arranging this research. Although the explanation on Catalonia issue is not so deep because it also covers other similar issues of Scotland and

Flanders, it gives European Union‘s view on self-determination and secessionist struggle of stateless nations. This aspect adds suitable input into the thesis.

CHAPTER III

METHODOLOGY

3.1. INTRODUCTION

Research methodology is one of the ways to systematically solve the research problem. It may be known as a science of learning how research is created scientifically. In it we learn the wide steps that are basically applied by a researcher in learning his research problem along with the logic behind them. It is required for the researcher to acknowledge not only the research methods/techniques but also the methodology. Researchers not only require to know how to develop particular indices or tests, how to calculate the mean, the mode, the median or the bar deviation or chi-square, how to implement specific research techniques, however they also require to know which of these methods or techniques, are relevant and which are not, and what would they mean and show and why.24

Researchers also have to see the assumptions underlying wide techniques and they should know the characteristic by which they can determine that particular technique and procedures will be applicable to particular problems and others will not. All this means that it is required for the researcher to make his methodology for his problem as the same may differ from problem to problem. Then, when one talks about research methodology, one not only talk about the research methods but also taking into account the logic behind the methods use in the context of research study and explain why using a specific method or technique and why not

24 Research Methodology: An Introduction. Retrieved from http://www.limat.org/data/research/Research%20Methodology.pdf

using others so that research outcomes are capable of being sorted either by the researcher himself or by others.25

3.2. RESEARCH METHOD

Basically, there are two methods that often used in writing academic research and thesis. They are qualitative method and quantitative one. However, this thesis will be adapting qualitative method because this thesis will provide deep view on Catalonia-Spain issue. Yet, it gives details on the interaction between Catalonia government as regional elite and Spanish government as central elite. On top of that, the standpoint of EU as regional institution will be explained thoroughly. The indicators to be presented to measure the actual behavior of EU are regional organization concept and EU treaties themselves because the attitude of the Union is supposed to in line with its internal agreement product which is the Treaty. In doing so, this thesis mostly will be relying on secondary data such as reports, electronic news, literatures, journals and other publications which are compiled from secondary sources. Additionally, European Union Treaty and EU leaders‘ official speech report also categorized as secondary data. Plus, this research will be enriched with data on how many Catalan people and parliament who wants independence, who does not, and other options.

Yet, this research is also come up with content analysis to conclude the arguments. It interprets the content of EU Treaty and speech from European Union leaders. Those documents are collectively compiled from official website of the Union. Besides, this thesis also observe other vital document like Spanish Constitutional Law which is obtained from the official government of Spain on its website.

25 Ibid

3.3 RESEARCH FRAMEWORK

Liberalism

Liberal Secession Institutionalism

EU Treaties

Catalonia X Spain Primary Right Theory

Respect State Function

Figure 3.1.

Above is logical scheme covered in this thesis. International Relation as the subject, in this case, has international institutional and secession as minor perspective. This Liberal institutionalism theory is

capable of explaining European Union as one of the variables. The EU Treaty that is produced by the Union is used as element to view the issue between Spain and Catalonia. Then, the minor theory that is secession describes the issue with its sub theory which is Primary Right Theories. According to its Treaty, as the ultimate result, EU sees Catalonia secession issue could be handled in national level. It shall respect the state function of Spain.

3.4. RESEARCH TIME AND PLACE

Name of September October November December January February Activity 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Research Writing Submission Defense Revision

Table 3.1

This thesis is being produced mostly in student‘s room in Tebet, Jakarta Selatan. The student spent the weekdays in which exclude weekends to write this research. When the student needs reliable internet connection, he went to café nearby to seek for the information required. In few times, student also works with his thesis in President University library retrieving data from International Relation books stored in the library. The library of President University is not the only library student visited, but library of Gadjah Mada University (UGM) and library of Muhammadiyah Yogyakarta University (UMY) also selected as venue to compile data while the student return to his hometown in Yogyakarta.

3.5. RESEARCH INSTRUMENTS

This research will be using seven sources to support the literature review. Those sources cover three books and four articles that mentioned in the chapter of literature review. Additionally, electronic news update from the internet also absorbed mainly from Catalan news agency. The student had been received the updated information regarding Catalonia – Spain issue since March 2014. However, not all of the news took part in this thesis. The student firstly had to analyze which one will be useful to enrich the research then filter the article that does not fit in the topic.

CHAPTER IV

THE DYNAMICS OF SPAIN AND CATALONIA SECESSION ISSUE

4.1. INTRODUCTION

The first part will disclose the deep view on Catalonia independence issue and its interaction with Spanish Government and European Union. It will also consists of critics on EU, Spain, Catalonia both from Spain internally and outside Spain externally, Spanish Government policy in handling Catalonia‘s independence issue, the possible legal ways to achieve independence compiled by Catalan expert, the role of Catalonia‘s civil societies, negotiation timeline and the perspective of Spanish Constitutional Court regarding this issue.

4.2. CATALONIA INDEPENDENCE ISSUE (CATALONIA PERSPECTIVE)

This part will come up with deep view regarding Catalonia independence issue from Spain. It is divided into the brief overview, Catalan Parliament‘s efforts, legal ways to achieve independence, Catalonia national day, role of Catalan civil societies, responds from Spanish government, Spanish government policy to deal with Catalonia desire, the view from Spanish Constitutional Court, critics from Catalonia government towards both Spanish government and European Union.

4.2.1. OVERVIEW

Catalan government was established 650 years ago and Catalonia lost its self-government institutions in 1714 as the result of defeat from War of the Spanish succession. Catalan parties have spent decades

proposing changes to get better accommodation for Catalonia within Spain. In fact, since the second half of the 19th century, the majority of Catalan parties have been trying to decentralize Spain and modernize its economy and establishment. But then, Spanish nationalism and centralist trends have been recurrent, combined with series of cultural and political repression.26 Catalonia had always wants to have its self-government through agreement with Spanish state. The last agreement was the Constitution of 1978 and the two Catalan Statutes of Autonomy of 1979 and 2006. Those agreements, however, were not respected by the Spanish authorities and they have been interpreted in increasingly restrictive manner.27

Catalans‘ desire of independence triggered by these reasons:

1. In 2010, Spanish Constitutional Court decided to no longer recognize Catalonia‘s autonomy statute just four years after the law was recognized by Spanish parliament by a binding referendum involving Catalans.28 2. Spanish government refused to negotiate Fiscal Agreement for Catalonia in 2012. In this regard, Catalonia suffers fiscal deficit that 8% of its GDP as much as 16 billion euro each year transferred to the rest of Spain for investments and services while it pays relatively higher taxes. Yet, 43% from the money coming from taxes of Catalans is spent elsewhere. Therefore, as Catalonia receive less budget compared by its high taxes, its

26 Spanish Parliament rejects motions urging Rajoy to stop his no-to-everything stance on Catalan claims. Retrieved on 31 October 2014 from http://www.catalannewsagency.com/politics/item/spanish-parliament-rejects-motions-urging- Rajoy-to-stop-his-no-to-everything-stance-on-catalan-claims 27 ―The Europe of integration‖ would end if the EU expels an independent Catalonia, states the Catalan Government. retrieved September 23, 2014 from http://www.catalannewsagency.com/politics/item/the-europe-of-integration-would-end-if-an- independent-catalonia-is-expelled-from-the-eu-states-the-catalan-government 28 Ibid

public service, social cohesion and its economy competitiveness are slowing down because infrastructure building process faces a hold up.29 3. Lack of respect towards Catalan language

Spanish government decided to reform its policy in education against Catalonia‘s school model that already there for the last 30 years.30 Because all those reasons, Catalans want to organize self-determination vote that would not have direct legal consequences, since it would be a consultation vote. But the consequences would be an obvious mandate. Both Catalan and Spanish government would have to negotiate on the basis of the vote‘s outcome which represents the desire of majority Catalan citizen, after the referendum. The referendum has to be seen as the ideal way to begin a democratic process, political negotiation. The questions that planned to be served in self-determination vote are: do you want Catalonia to be a state? If so, do you want Catalonia to be independent state?31

Artur Mas describes Catalonia as country, which has survived throughout history thanks to the power of its citizens, of its civil society and its associations. Catalonia neither accumulates political power, nor military strength, nor great demographic weight, but it has very solid cultural base, courtesy by the network of association and mobilized civil society. Catalan desire of self-determination is not an obsession of few politicians but it is the will of people.32

29 ―The Europe of integration‖ would end if the EU expels an independent Catalonia, states the Catalan Government. retrieved September 23, 2014 from http://www.catalannewsagency.com/politics/item/the-europe-of-integration-would-end-if-an- independent-catalonia-is-expelled-from-the-eu-states-the-catalan-government 30 Ibid 31 Ibid 32 Catalan President insists citizens will vote after Rajoy asks him to give up referendum plans to start talking. Retrieved on 3 November 2014 from http://www.catalannewsagency.com/politics/item/catalan-president-insists-citizens-will-vote- after-rajoy-asks-him-to-give-up-referendum-plans-to-start-talking

4.2.2. CATALAN PARLIAMENT EFFORT

In the last elections organized in Catalonia, 107 members of the 135 seats Catalan Parliament were elected with mandate to back up self- determination. Almost 80% of the newly elected Parliament was upholding self-determination during political campaigns in November 2012.33

They will be looking to authorize public consultations on independence if Madrid refused to accept referendum. They do so because Catalonia‘s statute allows them. In this prior, Artur Mas as Catalonia president would call early election. Holding election to replace self- determination vote on 9 November 2014 is unlikely but Catalan Government has internal group working on the logistics of the consultation. Hence, he called supportive Catalan political parties to remain united in finding solution.34

Artur Mas admitted if plan to hold consultation vote failed, unilateral declaration of independence is not completely ruled out. By that point, Catalan politicians will have been disarmed and will not have any other negotiated or agreed option on the table.35

4.2.3. LEGAL WAYS TO GET SELF-DETERMINATION

Apparently, there are five ways to legalize self-determination vote based on Catalan legal experts. The first way is by transferring power to hold referendum to the Catalan Government. However, this way needs to be voted in the Catalan Parliament. Then, this petition is approved by the majority such as CiU, ERC and ICV-EUiA. The remaining PSC, PSOE and CUP were abstaining because they believed that Catalan people do not need to ask the Spanish Parliament to authorize holding self-

33 Ibid 34 Mas urges pro-referendum parties to keep united. Retrieved on 30 October 2014 from http://www.catalannewsagency.com/politics/item/mas-urges-pro-referendum-parties-to-keep- united 35 Ibid

determination vote. Generally, the result was 64.5% for Yes, 31.8% said No, while 2.2% abstained although supporting the independence.36

Catalan Parliament Votes

Yes No Abstained

32%

66%

Figure 4.1. ―The state may transfer or delegate to the self- governing communities, through an organic act, some of its power which by their very nature can be transferred or delegated.‖37 Above is the article 150.2 of the Spanish constitution. After weeks of waiting, finally the Spanish Parliament accepted to hold the debate on the petition. On the debate, 86% of all Spanish MPs refused the motion presented by the Catalan Parliament. Those who are against the motion are PP, PSOE, PSC and UPyD. Parties representing Catalonia, Basque Country, Galicia, Canaries and the alternative left were supporting the

36 Spanish Parliament to reject one of the legal ways for an agreed self-determination vote in Catalonia. Retrieved on 3 November 2014 from http://www.catalannewsagency.com/politics/item/spanish-parliament-to-reject-one-of-the-legal- ways-for-an-agreed-self-determination-vote-in-catalonia 37 Ibid

motion. In general, there were 299 MPs voted No, 47 said Yes and 1 abstention.38

The first alternative is Catalonia‘s own law on consultation votes. It was already given in the 2006 Statute of Autonomy. This would permit the Catalan Government to hold such votes without permission from Spanish Government. The other three alternatives are referendum hold by the Spanish government about issue of ―especial transcendence‖ according to Article 92 about independence of part of Spain.39

I. ―Political decisions of special importance may be submitted to all citizens in a consultative referendum. II. The referendum shall be called by the King on the President of the Government‘s proposal after previous authorization by the Congress III. An organic act shall lay down the terms and procedures for the different kinds of referendum provided for in this Constitution.‖40 This one has been ruled out because Madrid did not want to even talk about it. The second alternative is referendum hold by the Catalan Government but authorized by the Spanish authorities regarding constitutional matter such as the unity of Spain referring the Catalan law from 2010. The thing is that this law is being examined by the Constitutional Court in which it has not approached decision yet. Additionally, this path still needs the authorization of the Spanish Government. The third alternative is that the Catalan Government could demand for change of the Constitution. This idea could not be realized as People‘s Party, the political party of Mariano Rajoy keep blocking it and refusing any debate regarding this issue. Spanish socialists have tried

38 Rajoy gives another ―no‖ to Catalonia and offers a banned Constitutional reform. Retrieved on 3 November 2014 from http://www.catalannewsagency.com/politics/item/rajoy-gives-another-no- to-catalonia-and-offers-a-banned-constitutional-reform 39 Spanish Parliament to reject one of the legal ways for an agreed self-determination vote in Catalonia. Retrieved on 3 November 2014 from http://www.catalannewsagency.com/politics/item/spanish-parliament-to-reject-one-of-the-legal- ways-for-an-agreed-self-determination-vote-in-catalonia 40 Spanish Constitution. Retrieved on 5 November 2014 from http://eudo- citizenship.eu/NationalDB/docs/ES%20Spanish%20Constitution%20(English).pdf

pushing for a broad constitutional and territorial reform to get federal Spain for alternative of the independence issue, but Spanish Government rejected the idea.41

4.2.4. CRITICS ON SPAIN (CATALONIA PERSPECTIVE)

According to Francesc Homes, Spanish government should stop answering ―no to all demands‖ because Catalan people present their desire in such democratic and positive manner. They want to have a better country with better tools to ensure Catalonia‘s economic and social progress. Yet, they also want a better relationship with Spain. Since individual, sentimental, cultural, historical and economic links between Catalonia and Spain are very vital, an independent Catalonia would look for constructive and tight relation with Spain, full cooperation at its base. Thus, attitude of mutual respect and equal relation will produce substantially enhanced relations between them. Catalan desire to get independence is not against anybody, instead to break up, it is to establish things. By not allowing citizens to vote on their future is what actually threatens social cohesion. There are many territorial disputes around the world but very few are as constructive and peaceful as the Catalan one.42

Catalan people respect the law and have acted this constantly during history. In Catalonia, people are displaying positive value which is radical democracy. They realize that the law can be altered to accommodate their desire to hold self-determination vote. Spanish politicians should understand that the legal framework permits people to express their democratic desire. The Catalan people do not want to impose decision, they want to be heard, speak, vote and reach good agreement for

41 Spanish Parliament to reject one of the legal ways for an agreed self-determination vote in Catalonia. Retrieved on 3 November 2014 from http://www.catalannewsagency.com/politics/item/spanish-parliament-to-reject-one-of-the-legal- ways-for-an-agreed-self-determination-vote-in-catalonia 42 ―The Europe of integration‖ would end if the EU expels an independent Catalonia, states the Catalan Government. retrieved September 23, 2014 from http://www.catalannewsagency.com/politics/item/the-europe-of-integration-would-end-if-an- independent-catalonia-is-expelled-from-the-eu-states-the-catalan-government

everybody. Madrid should abide its preferred democratic principles and permit the referendum that Catalan desire.43

As for modifying law, Catalan parties have already worked to get institutional reforms on many times. In fact, in January 2013 the Socialist Party wanted to start debating about Constitutional change. However, Spanish Prime Minister, Mariano Rajoy himself would block any proposal to alter the Constitution. Moreover, the People‘s Party which operates the Spanish Government and is under Rajoy‘s possession earned absolute majority at the Spanish Parliament and is able to block any legal initiative including reforming the Constitution.44

CiU as one of the Catalonia‘s political party, through its Spokesperson, Josep Antoni Duran I Lleida urged Rajoy to negotiate with Catalonia before it is too late. If Rajoy insists not to talk, he will be risking to have an amputated Spain. Another political party, ERC, by Alfred Bosch want Rajoy to wake up and face the issue of Spain, instead of behaving as if nothing was happening on the economic recovery was a tough reality. Rajoy should deal with the citizen‘s demands and concerns, including those from Catalan. By not being permitted to vote is not normal in democracy. Yet another political party, ICV-EUiA, came up represented by Joan Coscubiela criticized Rajoy‘s economic policies which go against the weakest. Thus, he asked Rajoy to negotiate and permit Catalans to vote. He demanded the use of Article 150.2 of the Spanish Constitution to transfer the powers to hold a referendum to the Catalan Government. The Vice President of the Catalan Government, Joana Ortega, states Spanish government is denying the voice of people. Furthermore, the CiU spokesperson, Jordi Turull asked Spanish

43 Catalan independence movement is ―democratic example‖ unparalleled in Europe, says Mas. Retrieved on 4 November 2014 from http://www.catalannewsagency.com/politics/item/catalan- independence-movement-is-democratic-example-unparalleled-in-europe-says-mas 44 ―Unity is a greater value‖ than ―dialogue‖, states Rajoy on Catalonia‘s claims. Retrieved on 31 October 2014 from http://www.catalannewsagency.com/politics/item/unity-is-a-greater-value- than-dialogue-states-Rajoy-on-Catalona-s-claims

government not to be afraid of democracy and dive within the Catalan reality because it will discover that Catalans want to vote.45

Roger Albinyana as secretary for Foreign and EU affairs of the Government of Catalonia shared that the planned independence referendum is a matter of respecting democracy. The only way to avoid continuing conflict is to let people decide and vote. The Constitutional Court is supposed to be an independent body, without even considering Spanish government‘s order to illegalize self-determination vote.46

For the Catalan National Assembly, the statement of the Spanish government oppose celebrating referendum is not valid. Laws can be altered. If they could not be modified, women would still not be permitted to vote, since this too was once illegal. Laws should be at the service of the people and democracy is above individual laws.47

4.2.5. CRITICS ON EU (CATALONIA PERSPECTIVE)

During a debate on ‗Catalonia‘s political process‘ held by the University of Lisbon‘s Faculty of Law and Catalonia‘s Public Diplomacy Council in Lisbon, Francesc Homs who in responsible for the Executive‘s Foreign Relations and the Catalan Minister for the Presidency, directed words to the European Union institutions that a political solution have to be seeked to ensure an independent Catalonia within the EU if the majority of Catalan people peacefully, democratically and freely vote for it. He believed that EU will get such solution because the alternative would equal that something which is shown in organized and democratic way cannot suit in Europe. He added that there would be the end of

45 Spanish Parliament rejects motions urging Rajoy to stop his no-to-everything stance on Catalan claims. Retrieved on 31 October 2014 from http://www.catalannewsagency.com/politics/item/spanish-parliament-rejects-motions-urging- Rajoy-to-stop-his-no-to-everything-stance-on-catalan-claims 46 Catalan official: The referendum is a matter of respecting democracy. Retrieved on 4 November 2014 from http://www.euractiv.com/sections/regional-policy/catalan-official-referendum-matter- respecting-democracy-309075 47 Forcadell Lluis, Carme (2013). Catalonia: New State in Europe. Ashfield, Massachussetts, USA. Catalonia Press.

Europe as model for democratic yet peaceful integration of different people who established it. Catalan people have desire to keep on being part of the European Union once they obtain independence from Spain and this will is come from both political parties and citizens. They want to continue possessing Europe as institutional and political reference framework and being reference at financial and economic level. Although Catalans are net contributors to the EU budget, they believe this institutional and political framework is the best place to develop.48

4.2.6. CATALONIA’S NATIONAL DAY

As the outcome of military defeat, Catalonia has built part of the Kingdom of Spain. Each September 11 the citizen honour the national day, not to remember the lost, but on the contrary, to recall that although the lost, and the subsequent suffering and the efforts to crush them, they continue to exist. During the nearly 300 years that Catalonia has been part of the Spanish state, they have tried some times to retrieve their national freedoms that they lost by force of arms, but it has not been until now, in the 21st century, that they have had the political, social, cultural, and economic situation needed to get independence.49

4.2.7. CIVIL SOCIETIES ROLE

There is ANC, civil society based organization of Catalonia that help to attract international awareness. ANC is an entity established by people of various ideologies and different social classes that desire common objective which is the independence of Catalonia. They will only dismiss the body after independence can be assured. It is a grassroots organization that has not obtained any public money. Instead, it is financed by its members and crowd-funding campaigns. ANC is

48 ―The Europe of integration‖ would end if the EU expels an independent Catalonia, states the Catalan Government. retrieved September 23, 2014 from http://www.catalannewsagency.com/politics/item/the-europe-of-integration-would-end-if-an- independent-catalonia-is-expelled-from-the-eu-states-the-catalan-government 49 Forcadell Lluis, Carme (2013). Catalonia: New State in Europe. Ashfield, Massachussetts, USA. Catalonia Press. p.11

maintained in local and professional associations presents throughout the Catalan territory and society. It always claims its independence movement in festive and peaceful way, functioning use of the freedom of expression, the right to political pluralism, the right to participate in political life, the right to demonstrate and the right of association, which are recognized in any democracy. From the first place, they were clear that the objective of the ANC was to obtain Catalan independence.50

This ANC was responsible for the 1.5 million demonstration for Catalan independence from Spain that took place on the 11th September 2012, same day as Catalonia‘s National Day. The proposal that emerged is holding demonstration on September 11, Catalonia‘s National Day or they call it, Diada. They demonstrated whilst raising placard stated Catalonia. New State in Europe. A year later, on 11th September 2013, it also organized the 400-kilometre-long human chain formed by over 1.6 million people called the Catalan way towards independence, inspired by the Baltic Way of 1989. Both demonstrations were conducted in an absolutely peaceful and democratic manner.51

Another civil-society organization Omnium Cultural held large- scale demonstration to obtain awareness in Europe and world level on the strong will of wide majority of Catalan citizen to organize self- determination vote in attempt to settle on their future as nation. The message was ‗Catalans want to vote. Human towers for democracy‘ was displayed in Berlin, Brussels, Geneva, London, Lisbon, Paris, Rome and Barcelona. By doing that, Omnium Cultural took one step ahead further and decided to directly show message to Europe and the rest of the international community. It is possibly the best option to let the world

50 Forcadell Lluis, Carme (2013). Catalonia: New State in Europe. Ashfield, Massachussetts, USA. Catalonia Press. p.12 51 Extreme-right group Manos Limpias fuels a judicial battle against Catalonia‘s self- determination. Retrieved on 30 October 2014 from http://www.catalannewsagency.com/politics/item/extreme-right-group-manos-limpias-fuels-a- judicial-battle-against-catalonia-s-self-determination

know how Catalonia is and want the self-determination consultation vote and state to vote in peaceful, festive, vindicating and cultural way.52

1.8 million Citizens went out to the Barcelona street held demonstration on 11 September 2014. The Catalan people were making biggest demonstration ever in Catalonia and possibly in Europe. They were dressing in red or yellow and shaped the red and yellow stripes of the Catalan flag along 11 kilometers. Local polices confirm there was no violation or clash amongst the participants. This event was coordinated by Omnium Cultural, civil society organization upholding Catalan culture and language, and Catalonia‘s National Assembly, the grassroots association asking Catalonia‘s independence apart of Spain.53

4.3. CATALONIA INDEPENDENCE ISSUE (SPAIN PERSPECTIVE)

4.3.1. RESPOND FROM SPAIN

Mariano Rajoy describes Catalonia issue as deep political problem. Spanish government is open to dialogue but not about independence nor self-determination. The self-determination that Catalonia has in mind is nothing but illegal. Both PP and PSOE as two major political parties in Spanish capital reject the idea on self-determination of Catalonia. Spanish government only willing to discusses about things that really matter to all of the Catalans which are the economic recovery and the budgeting of the

52 Catalan human towers demand a self-determination vote in London, Berlin, Paris, Geneva, Rome, Lisbon and Brussels. Retrieved on 4 November 2014 from http://www.catalannewsagency.com/politics/item/catalan-human-towers-demand-a-self- determination-vote-in-london-berlin-paris-geneva-rome-lisbon-and-brussels 53 1.8 million Catalans form an 11km-long flag mosaic supporting November‘s independence vote. Retrieved on 4 November 2014 from http://www.catalannewsagency.com/politics/item/1.8- million-catalans-form-an-11km-long-flag-mosaic-supporting-november-s-independence-vote

Catalan Government. Moreover, it orders Catalan government to give up on the effort to hold self-determination.54

4.3.2. SPAIN’S POLICY

Spanish authorities call universities asking them not to hold events related to Catalan self-determination issue. They orders academics to write reports which have result in producing interest among the international media.55 The Spanish government cut its investment in infrastructure in Catalonia by 50% in the last 10 years. However, in rest of Spain it cut mere by 25%. This political decision worsens Spain‘s and Catalonia‘s economy. All in all, Mariano Rajoy has three plans. The first one is to work on solving the issues of the Spanish and Catalan economies. The second one is strengthening the bond between Catalonia and Spain. The third plan is implementing the Spanish law. Yet, he also does not rule out the possibility of dismissing Catalonia‘s autonomy.56

4.3.3. THE CONSTITUTIONAL COURT VIEW

The Constitutional Court declared the Declaration of sovereignty and the right to self-determination by the people of Catalonia to be unconstitutional. In its statement, the court underlined the indissoluble unity of Spain and does not take into account other arguments such as Catalonia‘s nationhood. It does not take into consideration Catalonia‘s status as nation, nor international law. Furthermore, it views Catalonia as mere region, without taking into account its history of self-government and the democratic will of the Catalan people. It recalls that the

54 Rajoy insists that the majority of Catalans do not want a self-determination vote. Retrieved on 4 November 2014 from http://www.catalannewsagency.com/politics/item/rajoy-insists-that-the- majority-of-catalans-do-not-want-a-self-determination-vote 55 Rajoy insists that the majority of Catalans do not want a self-determination vote. Retrieved on 4 November 2014 from http://www.catalannewsagency.com/politics/item/rajoy-insists-that-the- majority-of-catalans-do-not-want-a-self-determination-vote 56 Spanish Government cuts infrastructure investment by 50% in Catalonia and only 25% in the rest of Spain. Retrieved on 4 November 2014 from http://www.catalannewsagency.com/politics/item/spanish-government-cuts-infrastructure- investment-by-50%-in-catalonia-and-only-25%-in-the-rest-of-spain

Constitution guarantees the indissoluble unity of the Spanish nation in its article 2 and that national sovereignty belongs to the Spanish people as whole. It tells that autonomous community cannot unilaterally call for self-determination referendum to decide on its integration. But then, the Court recognizes that Catalan citizen‘s right to decide fits into the Constitution if it does not mean self-determination. Citizen‘s right to decide only refers to holding referendum on particular policies or holding elections. The right to self-determination can only be obtained by a process completely in line with the Constitutional order, following the principles of democratic legitimacy, pluralism and legality. However, any consultation vote is legal if it aiming to find out the citizen‘s opinion on their collective future. Hence, Catalan Government will be using this kind of vote in case self-determination legality could not be reach after all.57

4.3.4. CRITICS ON CATALONIA (SPAIN PERSPECTIVE)

The Spanish Prime Minister, Mariano Rajoy suggests to those who want self-determination vote to work on modifying Spain‘s main law. It is because if referring to Spain‘s main law, such self-determination vote is illegal. Rajoy will fight on behalf of Catalonia‘s people and their development, as well as for their welfare and will continue it since his leadership. Rajoy‘s duty is to take care of all the Spaniards because he is very worried about what happens to people living in Catalonia. The concept of unity in Spain should be defended as greater value than dialogue to break up. Spaniards have been part of the same nation for centuries, during which they have shared the same history, the same fortunes and the same calamities, mixing blood and crossing families. Spanish society does not have desire to break up, and it is not beneficial either. Advanced states do not privilege unity, however unity makes states to be advanced. It is not prosperity that unites people, but the other way

57 Catalonia is not ―a sovereign political and legal subject‖ states the Constitutional Court. Retrieved on 30 October 2014 from http://www.catalannewsagency.com/politics/item/catalonia- is-not-a-sovereign-political-and-legal-subject-states-the-constitutional-court

round, it is unity that makes people prosperous. National sovereignty belongs to all Spaniards and one part cannot decide for all.58

Mariano Rajoy as Spain‘s Prime Minister tells in Brussels that Spain is the oldest nation in Europe and that the Catalan people and the rest of Spaniards have mixed themselves and shares the same blood and all sorts of relations. Catalan self-determination set to deny all Spaniards fundamental right as determining how they want their country to look like. Spain is state that in the last 50 years is among the planet‘s five states that have the most increased income per capita. He confirms that his party will defend the position that Catalonia cannot decide on its own about its future. The decision can only be taken by the Spanish people as whole. But, Rajoy has not proposed to hold referendum in the whole country.59 Rajoy have been defending Spain‘s unity, expecting that the Catalan demands will weaken as time goes by and the economic recovery of Spain will be getting stronger.60

The Spanish Foreign Affairs Minister, Jose Manuel Garcia- Margallo states independent Catalonia would not be recognized by EU and therefore its EU accession would not be recognized neither taken into consideration. Having considered Spain‘s Constitutional framework the only way Catalonia could become an independent country is through unilateral declaration of independence. Based on the Spanish government‘s interpretation of the constitution, the law does not authorize the organization of self-determination consultation vote in Catalonia and therefore it is unable to take place. Additionally, the Spanish government is rejecting any reform of the consultation and closes the door to negotiate

58 ―Unity is a greater value‖ than ―dialogue‖, states Rajoy on Catalonia‘s claims. Retrieved on 31 October 2014 from http://www.catalannewsagency.com/politics/item/unity-is-a-greater-value- than-dialogue-states-Rajoy-on-Catalona-s-claims 59 Spanish PM Rajoy in Brussels: Catalans and Spaniards ―share the same blood‖. Retrieved on 30 October from http://www.catalannewsagency.com/politics/item/spanish-PM-Rajoy-in-brussels- catalans-and-spaniards-share-the-same-blood 60 Spanish Parliament rejects motions urging Rajoy to stop his no-to-everything stance on Catalan claims. Retrieved on 31 October from http://www.catalannewsagency.com/politics/item/spanish- parliament-rejects-motions-urging-Rajoy-to-stop-his-no-to-everything-stance-on-catalan-claims

on the possibility of holding legal vote on Catalonia‘s independence. But then, if Catalan government goes for unilateral declaration of independence, this would condemn Catalonia to roam across space without international recognition and it would be excluded from the EU. In this context, that independence is high risk operation. Secession is harmful for Spain but it is particularly harmful for Catalonia.61

4.4. Negotiation Timeline

This part will be discussing about the recent interactions between Spanish Government and Catalan Government in 2014. Generally, it will cover on what, who, where, how, result and the efforts as well.

4 March 2014: he Spanish Prime Minister, Mariano Rajoy, did not announce any new plan to handle Catalonia‘s self-determination claims during the State of the Nation Debate, which started on Tuesday at the Spanish Parliament. On the other hand, Rajoy dug his heels in his stance on the issue and he even talked with a tougher tone than usual, saying that he will not remain indifferent to the self-determination process and will frontally oppose it. The Spanish PM added he will fight for Catalans and their progress, as he will do for all the Spaniards. Rajoy repeated once again that Catalonia‘s self-determination vote cannot take place since, according to him, it does not fit into the Constitution. He urged those supporting self-determination to start by reforming the Constitution. But he did not mention that he is absolutely blocking such a reform. Despite his reluctance to make any concessions and changes, Rajoy said he is always open to talk but always within the Constitution and the law, which are unquestionable red-lines. Two days ago, the European Commission had asked for a dialogue

61 Spanish Government: Independent Catalonia to roam across the space, excluded from the EU for the centuries of the centuries. Retrieved on 30 october 2014 from http://www.catalannewsagency.com/politics/item/spanish-government-independent-catalonia-to- roam-across-the-space-excluded-from-the-EU-for-the-centuries-of-the-centuries

without red-lines to keep Catalonia within Spain. Unity is a greater value than dialogue, answered Rajoy on Tuesday before the Spanish Parliament.62

6 March 2014: Catalan parties filed several motions requesting the Spanish Prime Minister Mariano Rajoy to make a move regarding Catalonia‘s self-determination and abandon his frontal opposition attitude. React now before it‘s too late, the Spokesperson of the Centre-Right Catalan Nationalist Coalition (CiU), which runs the Catalan Government in order to allow the organization of a consultation vote for citizens of Catalonia to be able to decide on their future. The Catalan Socialist Party (PSC), which is member of the Spanish Socialist Party (PSOE), voted last year for a motion with the exact same wording. However, this time, the PSC abstained and the Spanish and Catalan Socialists are proposing a revision of Spain‘s territorial model, as a first step towards reforming the Constitution. The Left-Wing Catalan Independence Party (ERC) was asking the Spanish Government to negotiate the terms for holding a self-determination referendum in Catalonia. With the parliamentary groups and the Generalitat (Catalan Executive), The Catalan Green Socialist and Post-Communist Coalition (ICV-EUiA) was asking Rajoy to transfer the powers to organize referendums to the Catalan Government, using Article 150.2 of the Constitution. The ICV-EUiA also accused the Spanish PM of denying democracy and urged him to negotiate. As expected, the People‘s party, which runs the Spanish Government and holds an absolute majority in the Spanish Parliament, rejected all the motions on Thursday morning. The problem for Rajoy is that his no-to-everything attitude feeds pro-independence claims,

62 Catalan News Agency (2014) ―Unity is a greater value‖ than ―dialogue‖, states Rajoy on Catalonia‘s claims. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/unity-is-a-greater-value-than-dialogue-states- rajoy-on-catalonias-claims

since Catalans feel Spain does not want to find a better accommodation for them. And Catalans are running out of patience, after decades of attempts to reach such accommodation.63

24 March 2014: The Catalan Government announced on Thursday that, if the Spanish Executive finally decides to recentralize Catalonia‘s own taxes, they will take the issue to the Constitutional Court. The Catalan Finance Minister, Andreu Mas-Colell, stated that, if confirmed, it would be a very provocative proposal and would make totally transparent, if it is not already transparent by now, the recentralizing assault and the policy to dismantle the current Autonomous Community model. On Thursday an expert committee handed a long report to the Spanish Government suggesting 270 measures to completely reform Spain‘s taxation system. The committee is chaired by Manuel Lagares, Chair Professor at Madrid‘s Universidad de Alcala de Henares and former advisor to the People‘s Party (PP), and is formed by 8 other experts, almost all of the from Madrid‘s establishment. The document points out that the Spanish Government should order all the taxes, including those devolved to the Autonomous Communities. Regional governments might continue having their own taxes but they will always be coordinated by the Spanish Finance Ministry, which will set minimum and maximum rates. In addition, the Spanish Ministry could even cancel some taxation measures if it considers they go against market unity, prioritizing this concept over the regional government‘s autonomy, recognized in the Spanish Constitution. Lagares emphasized that the

63 Catalan News Agency (2014) Spanish Parliament rejects motions urging Rajoy to stop his no- to-everything stance on Catalonia claims. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/spanish-parliament-rejects-motions-urging- Rajoy-to-stop-his-no-to-everything-stance-on-catalonia-claims

committee always had in mind Spain‘s interest while writing the report.64

4 April 2014: The Spanish government will leave an open door to a better fiscal deal for Catalonia during the debate in the Spanish Congress about the Catalan government petition to hold a referendum on independence. This is according to sources from the conservative PP party, in government in Madrid. Those sources say that the offer would aim to put to an end the crazy environment between Catalonia and Spain and regain trust between the PP and the CiU, the party in government Catalonia. The Spanish government, however, will categorically reject the Catalan Parliament petition to hold a referendum or a non-binding consultation about independence, saying this is unconstitutional.65

16 April 2014: The Catalan Parliament is formally requesting the Spanish authorities to transfer the power to organize referendums to the Catalan Government, using Article 150.2 of the Constitution in order to organize and agreed self-determination vote in Catalonia. The Spanish Parliament, where the governing People‘s Party (PP) holds an absolute majority, will reject the petition on Tuesday, closing the door to one of the current legal paths to hold such a vote. It is expected the ―no‖ to be backed by 86% of the Chamber. Prime Minister Mariano Rajoy (PP) and the opposition leader Alfredo Perez Rubalcaba, from the Spanish Socialist Party (PSOE), are expected to unite to reject Catalonia‘s petition, which is backed by almost two thirds of the Catalan Parliament and by some 75% of the Catalan population according to polls. Three

64 Catalan News Agency (2014) Catalonia will not tolerate the elimination of the Autonomous Communities‘ taxation powers. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/items/politics/catalonia-will-not-tolerate-the-elimination-of- the-autonomous-communities-taxation-powers 65 Catalan News Agency (2014) ―Open door‖ to better fiscal deal for Catalonia. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/open-door-to-better- fiscal-deal-for-catalonia

representatives from the Catalan Parliament, Jordi Turull, Marta Rovira and Joan Herrera, will emphasizes the authorizing a self- determination vote is not a legal issue but a matter of political will. In fact, legal experts have identified up to 5 different legal ways to organize a self-determination vote in Catalonia, one of them being the transfer of referendum powers using the current Constitution, a similar formula to the one used for Scotland‘s independence referendum. On the other side, Rajoy will insist on the indissoluble unity of the Spanish nation, probably forgetting about the fact that Spain is a pluri-national state, formed by nationalities and regions, as stated in the Constitution.66

The PP also announced in the last few days that they will be offering Catalonia a debate in the coming months about a better funding scheme, which is a legal obligation since the current scheme has already expired on the 1st January 2014. Therefore, Rajoy‘s only offer to talk is likely to be regarding an issue that would have been formed in any case, regardless of Catalonia‘s self-determination demands. Besides, Rubalcaba will probably insist on the need to reform the current Constitution in order to offer a better accommodation to Catalan specifities, although it is unlikely that the reform will recognize Catalonia‘s nationhood and its right to self-determination. In the current situation a bit more money for the Catalan government, a mild reform of the Constitution or keeping the current status quo are not likely to stop Catalonia ‗s demands for independence, as the President of the Catalan Government, Artur Mas, pointed out this weekend. Artur Mas has been criticized by the Spanish establishment for not participating in Tuesday‘s debate. However, he argued that the

66 Catalan News Agency (2014) Spanish Parliament to reject one of the legal ways for an agreed self-determination vote in Catalonia. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/items/spanish-parliament-to-reject-one-of -the-legal- ways-for-an-agreed-self-determination-vote-in-catalonia

petition to transfer referendum powers was made by the Catalan Parliament and therefore it is this institution, representing the people of Catalonia, which has to defend it on Tuesday in Madrid.67

7 May 2014: The President of the Catalan Government, Artur Mas, has insisted that he will call for the consultation vote on Catalonia‘s independence from Spain, despite the Spanish Government‘s obstructive attitude. Mas made this statement on Tuesday evening, in a TV interview. He was answering the Spanish Prime Minister Mariano Rajoy, who asked him on Tuesday afternoon to give up on his referendum plans in order to start talking. For the Catalan President, this is not about the issues a majority of Catalan citizens want to talk about. In front of the Senate plenary, Rajoy asked Catalan politicians to use imagination to solve the current situation, after the Constitutional Court and the Spanish Parliament rejected Catalonia‘s right to self-determination and the consequent referendum. However, Mas insisted that the reason for not allowing Catalans to vote is not legal, since several legal ways have been identified to organize such a vote, but a lack of political will from the Spanish authorities. In addition, in a public speech on Tuesday evening, the Catalan President sent a clear message to the European Union The dynamics of states cannot drown the dynamics of peoples in an EU based on democratic principles, which goes beyond a mere Union of state governments and is focused on its citizen. Mas emphasized that the democratic will of the Catalan people has to be taken into account by the EU. Furthermore, he praised Catalonia for being an example of integrating people with very diverse origins without falling into populist and xenophobic movements which have been emerging in Europe lately. In fact, around 70% of Catalans have origins from

67 Ibid

outside Catalonia, but more than 75% of the total population wants to hold a self-determination referendum and more than 50% would vote for independence, according to many opinion polls.68

2 June 2014: The Spokesperson for the Catalan Executive and Minister for the Presidency, Fransesc Homs, stated on Tuesday that the results of last weekend‘s elections for the European Parliament and the turnout increase in Catalonia make them feel stronger. It is clear that the political project managed by the Catalan Government has great support. He stated. The centre-right pro-Catalan state coalition Convergencia I Unio (CiU), which runs the government, increased its support by 100,000 additional votes compared to the 2009 elections, although its percentage of the votes dropped from 22.4% to 21.9% due to a higher turnout. Overall, the parties supporting November‘s independence vote in Catalonia obtained more than 55% of the votes, while those totally opposed to self- determination independence saw their support diminish, obtaining a vote share of less than 16% combined. For this reason, Homs asked the Spanish Prime Minister Mariano Rajoy to once again talk about how the to authorize a self-determination vote. Homs underlined that the elections had been a parenthesis, since some were afraid to talk, even if it was done discretely, as they feared being discovered.69

17 July 2014: The Spanish Prime Minister, Mariano Rajoy stated on Wednesday in Brussels that he will not join absurd debates and will not join the game to negotiate Catalonia‘s self-determination

68 Catalan News Agency (2014) Catalan President insists citizens will vote after Rajoy asks him to give up referendum plans to start talking. Retrieved on 27 Februay 2015 from http://www.catalannewsagency.com/politics/item/catalan-president-insists-citizen-will-vote-after- rajoy-asks-him-to-give-up-referendum-plans-to-start-talking 69 Catalan News Agency (2014) Catalan Government feels ―stronger‖ after the European elections and asks Rajoy to talk. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/catalan-government-feels-stronger-after-the- european-elections-and-asks-rajoy-to-talk

vote since the referendum is illegal and will not take place. Ironically, Rajoy accepted the request of the President of the Catalan Government, Artur Mas, to meet, but he has specifically rejected to talk about the purpose of the interview: the self- determination vote. In addition, the Spanish PM has downplayed the agreement backed by a two-third majority of the Catalan Parliament to set up a self-determination vote on the 9th of November (which was answering a mandate resulting from the 2012 Catalan elections) and Mas‘ open attitude to modify the question wording and date in order to have the Spanish Government‘s green light. Earlier the wanted to ask about something and now they want to ask about something else or they want me to say what has to be asked, stated Rajoy. ―I cannot participate in this game because it is not serious at all‖, he added. On the same day the Spanish Finance Minister, Cristobal Montoro, rejected reinventing Spain to better fit Catalans, and therefore ruled out a deep Constitutional Reform. In addition, he also rejected setting up a new fiscal scheme for Catalonia similar to the one that the Basque Country and Navarra already have. Therefore, the Spanish Government is blocking any agreement on the self- determination vote, and it is also blocking any third way between independence and the current status quo, despite the fact that around 80% of Catalans wants greater self-government or independence.70

1 August 2014: The President of the Catalan Government, Artur Mas, and the Spanish Prime Minister, Mariano Rajoy, finally met this Wednesday in Madrid to talk about the self-determination process and also about economic, social and institutional issues. Neither of

70 Catalan News Agency (2014) Rajoy considers self-determination vote ―absurd‖ and rejects discussing it with the Catalan President. Retrieved on 27 February from http://www.catalannewsagency.com/politics/item/rajoy-considers-self-determination-vote- absurds-and-rejects-discussing-it-with-the-catalan-president

57 them changed their stance. On the one hand, Mas will continue with the plan agreed among a majority of Catalan parties to organize a legal self-determination vote on the 9th of November. Mas emphasized that an agreement with the Spanish Government on this issue would be better in order to do things the British way, but if Rajoy continues to reject to negotiate about such an agreement, the self-determination vote will be called using the Catalan legal framework. On the other hand, Rajoy repeated that such a vote is illegal and therefore it cannot take place and will not take place. In addition, the Spanish PM rejected making any concession and did not present any alternatives to improve Catalonia‘s accommodation within Spain in order to reduce support for independence, such as offering a better fiscal deal. In fact, Rajoy has always excluded this possibility and has even rejected to talk about the mild Constitutional Reform proposed by the Socialist Party (PSOE), which does not recognize Catalonia‘s nationhood status and its right to self-determination. However, during the meeting Mas presented Rajoy with a list of 23 issues that should be addressed in the next few months which are not directly related to the self-determination, such as the funding of basic public services in Catalonia, funds for active employment policies, paralyzed essential infrastructure projects, the recentralization of powers in Spain or the Spanish Governments Education Reform that damages the Catalan language. In press release issued after the two-and-a-half-hour meeting, Rajoy stated he would study the 23-point document with a constructive Spirit. He also offered a sincere and loyal cooperation in any matter that might benefit Catalan citizens, while stressing the unity of Spain. Meanwhile, Mas held a long press conference in which he answered questions from journalists and sated that there is a dialogue open with Rajoy. It was the first time the two politicians had held a meeting since August 2013, and since then a majority of

Catalan Parties have agreed an exact question wording and date to hold a self-determination vote in December 2013.71

15 September 2014: Spain‘s Prime Minister, Mariano Rajoy, told the Executive Board of the governing People‘s Party (PP) on Monday that he has all the measures ready to stop the Catalan self- determination vote form happening. However, Rajoy avoided giving details about such measures and disclosing specific plans to block the vote scheduled on the 9th of November from taking place. The Spanish PM emphasized that his stance on Catalonia‘s right to self-determination and the organization of an independence vote has remained unchangeable for the last two years. Rajoy took pride in not having sat around a negotiation table and not having made any concession to the demands shared by between 75% and 80% of the Catalan population regardless of whether they would vote for independence or not, according to all polls published in the last two years. In fact, the PP and the Spanish authorities are totally opposed to such a vote; imposing a restrictive interpretation of the Constitution and suing an interpretation of the current legislation to reject any talk to change the current situation and Catalans‘ right to decide on their own future in a democratic, peaceful and freeway. Furthermore, Rajoy has also confirmed that the Spanish Government will immediately appeal the Catalan Law on Consultation Votes, despite that fact that such a bill has not yet been approved.72

71 Catalan News Agency (2014) Rajoy does not offer an alternative and Catalan President will call self-determination vote anyway. Retrieved on 27 February from http://www.catalannewsagency.com/politics/item/rajoy-does-not-offer-an-alternative-and-catalan- president-will-call-self-determination-vote-anyway 72 Catalan News Agency (2014) Spanish PM has ―all the measures ready‖ to stop Catalonia‘s self- determination vote. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/spanish-pm-has-all-the-measures-ready-to-stop- catalonia-self-determination-votes

25 September 2014: Catalonia‘s self-government might be suspended in the coming weeks if the Catalan authorities organize the self- determination consultation vote on the 9th of November, which was approved by two thirds of the Catalan Parliament following the mandate from the Catalan election of November 2012. This strong statement was suggested this Tuesday in Madrid by the Spanish Minister for Foreign Affairs, Jose Manuel Garcia- Margallo, in the week after 1.8 million Catalans (according to local police) peacefully formed an 11km-long mosaic to support November‘s non-binding vote, which would be supported by the Catalan law on Consultation votes. Garcia-Margallo stated that the Spanish Executive will use all the means at its disposal to stop such a vote from happening; all the means within the law, but using all the law, he added, He was then asked if this would include the suspension of Catalonia‘s Autonomy, which he undeniably confirmed, mentioning Article 155 of the Constitution. This Article allows the Spanish Government to suspend some powers of an Autonomous Community in the event they are misused. The Minister said he was a patriot and stated that the Spanish Government will not tolerate in any case, Catalonia‘s secession because it breaks red lines such as the unity of Spain and the legality principle. The Spanish Government through its restrictive interpretation of the Constitution has been arguing over the past two years that such a vote is illegal, despite many constitutional experts arguing that there are several legal ways to organize it with the sufficient political will.73

1 October 2014: The President of the Catalan Government, Artur Mas, will finally sign the decree calling the 9th of November‘s self-

73 Catalan News Agency (2014) Spanish Government threatens to suspend Catalonia‘s self-rule to stop independence vote. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/spanish-government-hreatens-to-suspend - catalonias-self-rule-to-stop-independence-vote

determination consultation vote on Saturday, a week after the Catalan Parliament approved the law on consultation votes with 80% support. Mas will sign the decree surrounded by all his Cabinet and most of the leaders from the political parties supporting November‘s vote. In addition, 867 town halls, representing 91.6% of Catalonia‘s municipalities, have already approved motions supporting such a vote, including Barcelona and other important cities. Besides, the Spanish Government will hold an exceptional cabinet meeting instead of waiting to approve the two appeals against the new Catalan law and the decree calling November‘s vote. The appeals will probably be filed on Monday to the Constitutional Court, which then has to decide whether it accepts them or not in a plenary session. Should the Constitutional Court accept the Spanish Governments‘ appeals, from this very moment, the law and the decree would be temporarily suspended. The next Court‘s plenary is on the 7th of October, but an extraordinary plenary could be organized this week in order to discuss these two appeals, regardless of the other pending issues the Court has to decide upon. Therefore, the law and the decree will be in force for a few hours or a few days, depending on how fast the Spanish authorities ban them.74

8 October 2014: The judicial battle for the 9th of November‘s vote was intensified in these last few hours by Catalan authorities and the Spanish Government. On Thursday evening, the Catalan Parliament‘s Bureau agreed to challenge 2 0f the 12 Constitutional Court members for their closeness to the People‘s Party (PP), which runs the Spanish Government, in order to prevent them from participating in the debate and final verdict. They are the Court‘s

74 Catalan News Agency (2014) Catalonia to call self-determination vote on Saturday and Madrid to appeal it on Monday. Retrieved on 27 February 2015 from http://www.catalannewsagency.com/politics/item/catalonia-to-call-self-determination-vote-on- saturday-and-madrid-to-appeal-it-on-monday

President, Francisco Perez de los Cobos, who was a PP member until 2011, and Pedro Jose Gonzalez-Trevijano, who is directly dealing with the Spanish Government‘s appeal. In addition, on Friday, the Spanish Government announced that it will include the recent developments in the appeals it filled on to the Constitutional Court, against the Catalan Law on Consultation Votes and the decree calling a self-determination consultation vote on the 9th of November. Those recent developments are the election of the members of the Control Commission for consultation votes (a sort of electoral body), which was voted for by the Catalan Parliament and ratified by the Catalan President on Thursday, despite the Constitutional Court‘s temporary suspension of the law on which it is based. Catalan authorities believed that the temporary suspension cannot apply to actions which do not have a direct effect, according to the previous decision of the Constitutional Court on the matters. Despite the election of the Control Commission members, the Commission will not be created until the temporary suspension is lifted. The Spanish Government does not share this opinion and thinks that all the decisions related to the temporarily suspended law and decree should be cancelled.75

24 October 2014: The Spanish Government announced that it has asked its legal services to analyze all the aspects of Catalonia‘s alternative vote of the 9th of November, which is replacing the original consultation vote that has already been banned by the Spanish authorities. 16 days before the consultation vote has to take place and 10 days after it was announced by the President of the Catalan Government, Artur Mas, the Spanish Executive is starting to pave the way for appealing against this new

75 Catalan News Agency (2014) Spanish Government to expand Constitutional Court appeal and Catalan Parliament to challenge Court President. Retrieved on 27 February 2015 from http://www.catalannwsagency.com/politics/item/spanish-government-to-expand-constitutional- court-appeal-and-catalan-parliament-to-challenge-court-president

participatory process that asks Catalans their opinion about independence from Spain. The Spanish Deputy Prime Minister, Soraya Saenz de Santamaria, stated that Mas is pretending to replace an illegal process for one that is even more antidemocratic. On top of this, the Spanish PM, Mariano Rajoy, stated that if Catalonia carries on with the alternative consultation vote, scheduled on the 9th of November, it will mean that it is not a healthy democracy, since it does not respect the rule of law. He made such a statement before the legal reports are ready. Furthermore, Rajoy added that those supporting independence want to put Catalonia back in the Middle Ages. Therefore, it seems that after a few days hesitating whether or not to ban the new vote, the Spanish government will probably appeal against it and make the Constitutional Court temporarily suspended it. In the last few days, Catalan political parties and civil society organizations have rebuilt their unity of action, which seemed broken during the time the Spanish Government was hesitating.76

76 Catalan News Agency (2014) Spanish Government is considering appealing against Catalonia‘s alternative vote on November 9. Retrieved on 28 February 2015 from http://www.catalannewsagency.com/politics/item/spanish-government-is-considering-appealing- against-catalonias-alternative-vote-on-november-9

Figure 4.2.

To have everything all connected, the researcher produces the figure above. Practically, the European Union did not involve herself in the negotiation between Spain and Catalonia. However, its representatives communicate separately with both sides by delivering speech in the territory and partly discussion. While Mariano Rajoy of Spanish Government and Artur Mas of Catalan Government working things out, Spanish Parliament and Catalan civil societies organization also played role on the issue. The Spanish Parliament keeps on declining motion raised by Catalan political parties to reform current Spanish law. It is able to do so because the most overwhelming political party in parliament is led by Rajoy who gave instruction to say no to everything for Catalonia. On the other hand, Catalan civil societies organization is helping their government to catch international awareness regarding Catalonia issue by conducting huge events such as human tower building and human-chain marathon.

4.5. CRITICS

This part will focus on the critics to both Spanish government and Catalonia government. Those critics are directed from external environment outside Spain such as international communities.

4.5.1. CRITICS ON CATALONIA (EXTERNAL PERSPECTIVE)

As for unilateral declaration, the co-leader of the Greens, Dolors Camats does not understand why Artur Mas proposed unilateral declaration as this looks to suggest he does not any longer believe referendum or consultation is possible. The leader of the PP in Catalonia, Alicia Sanchez Camacho thinks Mas has gone mad by saying unilateral declaration. Artur Mas is not suit to lead Catalonia and is pushing citizens in such very traumatic situation. The Catalan socialists, Javi Lopez informed unilateral declaration would be serious mistake. Within Europe there is no room for unilateral decisions. They are all suggesting Artur Mas to stick in working on self-determination or consultation vote for solution to Catalonia instead of unilateral declaration. But then, they also could accept Constitution to get Spain in more federal state.77

4.5.2. CRITICS ON SPAIN (EXTERNAL PERSPECTIVE)

The Green‘s candidate to chair the European Commission, Ska Keller urged the Spanish Government to get negotiation process on self- determination vote. She has committed herself to put an effort for Catalan right to self-determination. The German politician emphasizes that European Green maintain radical democracy and there is people demand for self-determination referendum in Catalonia. For that reason, she points her stand to back up Catalonia in permitting a consultation vote regarding its political future and its relation with Spain. By doing so, she urges the Spanish Government in Madrid to respond negotiation process in order to

77 Catalan President does not rule out a unilateral declaration of independence. Retrieved on 30 October 2014 from http://www.catalannewsagency.com/politics/item/catalan-president-does-not- rule-out-a-unilateral-declaration-of-independence

make the vote possible. If being elected, she promised will act to make this dialogue happen and the referendum take place as people should be allowed to vote.78

78 European Green‘s Leader Ska Keller supports Catalonia‘s self-determination. Retrieved on 30 October 2014 from http://www.catalannewsagency.com/politics/item/european-greens-leader-ska- keller-supports-catalonia-s-self-determination

CHAPTER V

EU STANDPOINT ON SPAIN – CATALONIA SECESSION ISSUE

5.1. INTRODUCTION

Since the chapter IV of this thesis has already explains about the deep overview on Spain and Catalonia issue, this chapter will bring European Union onto the table of discussion and shows the position of the Union. In the first section of this chapter, brief background about European Union will be explained alongside with its sub institutions such as European Commission, Council and Parliament. The objective is to introduce the Union and its functions as regional institution. This chapter is aimed to covers the personal view of EU actors such as Herman Van Rompuy (European Council President), Viviane Reding (European Commission Vice President), Alejo Quadras (European Parliament Vice President), Jose Manuel Barroso (Previous European Commission President), Pia Ahrenkilde (European Commission Spokesperson), Margaritis Schinas (European Commission Spokesperson), and Jean- Claude Juncker (Newly Elected European Commission President. The words from those five actors beside the spokespersons have been looked for since they are the highest sources that represent the European Union. Yet, this part will provides some other analysis regarding European Commission President Candidacy Debate, interpretation on EU Treaty (Article 2,3,4 and 49) that fit in explaining the issue, the view of European Union as regional institution with its experience facing secession, international law view on secession and regional participation in EU policymaking process.

5.2. EUROPEAN UNION BRIEF OVERVIEW

The union was established on 9 May 1950 with its first goal is to end the war amongst neighboring states in Europe after World War II. The idea was proposed by French Foreign Minister, Robert Schuman. At that time there were only Belgium, France, Italy, Luxembourg, Netherlands and West Germany as the member states. Today, European Union already has 28 member states. Although all of them are independent yet sovereign state, but they are able to create collective interest for the union. In this regard, they send their decision-making power collectively to the union and set the decision democratically at European level. What makes it similar with other international institution like United Nations is the intergovernmental cooperation system. But then, it also adopts some kind of federal system like United States as well.79

As regional institution, European Union also has its own law, arranged by its member states democratically too. Every action and behavior taken by the union should base on the law. In the context of EU, it called as EU treaties. All of the EU member states had involved in the negotiation and had agreed on it. It is reflected as the member states ratified them either by parliaments or by referendum. On the treaties, details regarding European Union are listed. Besides that, they also consist of the objective of the union, the rules, how to make decision, and the relationship between European Union and its member states. Each time new member state has entered, the treaty was also amended. By amendment on the treaties, EU increasingly has responsibility to new sector as well. The last amended treaty was the Lisbon treaty on 13 December 2007 and was ratified by 1 December 2009.80

It is also necessary to mention that European Union has its own currency. It is one of the achievements obtained by the union by far since

79 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. 80 Ibid

1950. Yet, the regional institution also formed single market for goods and services for its member states. Thus, the Euro currency completes the market to be more efficient. Not to mention, all citizens of the member states are allowed to move and settle in freely within the union territory. Beside, European Union is also the biggest supplier of development and humanitarian programs on the earth. As of today, the EU has been working hard to tackle the economic crisis in the region. It also focused on overcoming climate change and its outcomes. In meantime, the union also determined to arrange common foreign policy in attempt to extend the European values around the globe. Still, its ability to apply effective yet timely decisions and to deliver them well is the key point to reach these ambitions of EU.81

In the decision-making process, European Union has in its disposal four sub institutions as follows:

1. The European Council It represents the head of state or government of the European Union member states. Its duty is to set the general political priorities and direction of the union without exercising the legislative functions 2. The European Commission It consist the interests of the EU as whole regional institution. In general, it proposes new laws to be designed to the union. 3. The European Parliament It is representing the European Union‘s citizens and is directly elected by them. 4. The Council It makes the governments of the European Union member state. Alongside with the European Parliament, the Council adopts the newly listed law.82

81 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. 82 Ibid

5.2.1. THE EUROPEAN COUNCIL This is the top political institution in European Union. It adjusts the goals of the Union and the course to obtain them. Beside that, it initiates EU‘s main policy and handle issue that unable to be solved at the ministerial stage, although it does not legislate. It also determines the political direction and priorities of the Union. The presidents and/or prime ministers of member states‘ sit down together at European Council with the presidents of European Council and European Commission four times in a year. However, the high representative of the Union and for Foreign Affairs and Security Policy may also take role in the meetings.83 The European Council‘s president leads for 2.5 years with renewable term. The president is responsible of things such as chairing the meetings, ensuring the continuity of the Council‘s obligations, accommodating cohesion and consensus within the council, providing reports to the European Parliament on each Council meeting. The European Council President also delegates the Union to the outside world. He or she represents Union interests in foreign affairs and security matters alongside the high representative for Foreign Affairs and Security Policy. Since December 2009, Herman Van Rompuy is the current President of the European Council.84

5.2.2. THE EUROPEAN COMMISSION

The Commission is European Union‘s executive branch which uphold and represents the European interests. It is independent of national governments. In other words, it is committed to act in the interests of the Union as a whole package and not taking orders from national governments. Its responsibility is to initiate and apply legislation and for the day-to-day operation of EU which covers handling budget and programs of EU done by its administrative officials, experts, translators,

83 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. p.12 84 Stevenson, Melinda (May 2011). Eufocus: Understanding the European Union. the United States: Washington DC. p.2

interpreters and secretarial staff. They are all citizens from every EU Member States filtered in open competitive examinations and signed by the European Personnel Selection Office (EPSO). Approximately, there are 33,000 people employed by the Commission.85

It promotes the common interest and act as executive arm of the EU that proposes laws, policies agreements as well as promotes the Union. The Commission stands as guardian of the treaties and can make legal action and refer cases to Court of Justice if the EU oppose people, companies, or Member State that break rules of the Union. It only present legislation based on the principle of subsidiarity, when action at EU level is regarded more effective compared to legislation determined by national or local governments. Moreover, the Member States legislatures ensure that decisions are designed at the most appropriate level of government in regional, national and European. The Commission has 27 members and its president and members are selected for five-years terms through agreement among the Member States, subject to be agreed by the European Parliament. The members of the Commission are known as Commissioners, it is informal term. Jean-Claude Juncker is the current European Commission President replacing Jose Manuel Barroso.86

The European Commission itself has four main duties. First of all, proposing new legislation to Parliament and the Council. According to the EU Treaty, the commission possesses the right of initiative. In short, it obliged to create proposals for new European legislation in which it provides to Parliament and the Council. The proposal must be directed to maintain the interests of the Union and its citizens, not those of particular states nor industries. The commission needs to be aware of new condition and issue appearing in Europe and require to concern whether EU legislation is the best way to manage with them before arranging any

85 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. p.19 86 Stevenson, Melinda (May 2011). Eufocus: Understanding the European Union. the United States: Washington DC. p.2

proposals. It explains why the Commission is constantly in touch with various interest groups and with two advisory institution such as the Economic and Social Committee that represents the employers and trade union and local and regional authorities. Yet, it also looks for the opinions of national parliaments, governments and the public largely. The Commission will only propose action at EU stage when it views that an issue unable to be solved more efficiently by national, regional or local action. This principle of handling with stuff at the lowest possible part is refers to the subsidiarity principle. However, if the commission decides that EU legislation is required, then it makes draft of proposal that it believes will handle with the issue effectively and please the largest possible range of interests. In attempt to achieve the technical details validation, the Commission discuss with the experts who is available at its various committees and expert unit.87 The second one is to manage and implement EU policies and budget. Since the Commission is the executive body of EU, it has responsibility to manage and implement the EU budget and the policies as well as programmes written by Parliament and the Council. Main of the true work and spending is taken by national and local authorities however the Commission is the one who supervise them in doing so. The Commission manages the budget under the sight of the Court of Auditors. Both of the institutions designed to ensure proper economic management. The European Parliament will only permit the Commission to implement the budget if only the Court of Auditors pleased with the annual report.88 The third one is to enforce the European Law. In this context, the Commission behaves as guardian of the treaties. In other words, alongside Court of Justice, it has the authority to ensure that EU law is properly implemented in all of the Member States. The Commission will come forward to bring the situation right if it discovers that any EU Member

87 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. 88 Ibid

State is not implementing a Union law and therefore not meeting its legal responsibility. Here is how the Commission make the situation right. It initiate legal process known as the infringement procedure, including sending the government an official letter regarding why the Commission views this Member State is infringing EU law, and adjusting it deadline for submitting detailed answer to the Commission. In case this procedure failed to change things, the Commission then addresses the issue to the Court of Justice that possesses authority to give penalties. The Court‘s decision itself is binding both on the Member States and the EU institutions.89 The last one is delegating the EU on the international level. The Vice-President of the Commission is the high representatives for Foreign Affairs and Security Policy and responsible for external affairs. But then, in other areas of external actions such as trade policy and humanitarian aids, the Commission takes the leading role. In these extents, the European Commission stands as vital spokesperson on behalf of European Union in international level. The 27 Member States enable to delivers things with one voice in international discussion like the World Trade Organization.90

5.2.3. THE EUROPEAN PARLIAMENT

Since 1979, it is well known as the voice of the citizen. With members serving five-years terms, it has been elected by universal suffrage. The world knows it as the only directly elected multinational legislature. It applies European law jointly with the Council of the Union in main policy areas. Parliaments‘ consent is needed to all of the European Union‘s international treaties. The Parliament carries out democratic supervision over the other EU institutions, specifically the Commission. Parliament has the authority to agree or turn down the possible

89 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. p.21 90 Ibid

Commissioners and it got the right to criticize the Commission as body.91 In the approval of the whole EU and of the legally binding multi-annual economic programming, it has full equality with the Council. The members of the European Parliament sit in Europe-wild political groups, not in national blocks. 736 members from 27 EU member states formed current Parliament in which elected in 2009. The seats in the European Parliament are given among the Member States on the basis of their share of the EU population. Most of the representatives are associated with national political party in their home state.92 Generally, European Parliaments has three roles. First of all, the power to legislate. For applying EU legislation, the most common procedure is known as ordinary legislative procedure, also called as the co-decision procedure. It put the European Parliament and the Council on an equal position. The laws passed using this procedure are joint behavior of both Council and Parliament. It covers to the most of EU legislation, consisting various range of aspects like consumer rights, environmental protection and transport. The Commission produces a proposal which need to be applied both by the Parliament and the Council under the ordinary legislative procedure. Parliament‘s assent is needed for all international agreements in extents consisted by the ordinary legislative procedure. The Parliament have to be involved in consultation on a range of other proposals, and its approval is needed for vital political or institutional decisions like social security and protection acts, tax-related provisions in the extent of energy, and harmonization of turnover taxes and indirect taxation. Parliaments also gives the impetus for new legislation by analyzing the Commission‘s annual work programme, taking into account what new laws would be appropriate, and demanding the Commission to bring forward proposals.93

91 Stevenson, Melinda (May 2011). Eufocus: Understanding the European Union. the United States: Washington DC. p.3 92 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. 93 Ibid

The second one is the power of supervision. The Parliament carries out democratic supervision over the other European institutions with some ways. If a new Commission is about to get selected, Parliaments organizes auditions of all the prospective new members and President of the Commission which nominated by the Member State. They are unable to be selected ignoring Parliament‘s approval. In fact, the Commission is politically answerable to Parliament that able to pass a motion of censure seeking for its mass resignation. More widely, Parliament carries out control by constantly analyzing reports submitted to it by the Commission and demanding both written and oral question. The Commissioners present at plenary sessions of Parliament and meetings of the parliamentary committees.94 The Parliament conducts ordinary dialogue with the President of the European Central Bank about monetary policy. Parliaments also watches over the work of the Council through regularly asking the Council both written and oral question and the Council presidency sit in the plenary sessions and plays part in vital debates. For several extents that includes common foreign and security policy, the Council itself is authorized for decision-making. However, the Parliament gets involved closely with the Council in these extents. Yet, the Parliament can also carry out democratic control by analyzing petitions from citizens and adjusting special committees of inquiry. Then, Parliament gives suggestion to every EU summit. The President of Parliaments is called to confirm Parliament‘s perspective and thoughts regarding topical issues and the items on the European Council‘s schedule at the opening of each summit.95 The last one is the power of the purse. Parliament and the Council of the European Union jointly determine the EU‘s annual budget.

94 European Union (June 2013) The European Union explained: How the European Union Works. Brussels. 95 Ibid

Parliament discusses it in two successive readings, and it does not precede before the President of Parliament sign it. Its Committee on Budgetary Control supervises how the budget is used, and Parliament determines whether to agree the Commission‘s management of the budget for the previous economic year annually. This kind of approval process is technically recognized as granting a discharge.96 5.2.4. THE COUNCIL It is recognized as the Council of Ministers applied from EU laws. The Council is a vital EU decision-maker that its works is brought in Council meetings which are followed by one minister from each of the EU‘s national governments. The objectives of these meetings are to discuss, approve, amend, apply legislation, manage the Member State‘s policies as well as define the EU‘s foreign policy. It shares responsibility with Parliament in several areas including approving EU budget. They also control the wide financial policies of the Member State, finish international agreements between the EU and other states or international organization, takes vital role in the progress of the EU‘s Common Foreign and Security Policy (CFSP), according to guidelines adjusted by the European Council, and organize the cooperation between the national courts and police forces in criminal violation.97 One minister of each EU‘s national governments sits down in the Council meetings, which are organized at regular intervals, based on their subject issue. Different minister is tasked to particular issue areas like agriculture ministers determine farm policy, foreign minister create foreign policy. Each minister in the Council is committed to represents the assent of his or her whole government. The President of the Council is charged for overall coordination of the work of the Council and the committees giving it with suggestion, and backed by the General Secretariat who ensures and readies the smooth usage of the Council‘s

96 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. p.11 97 Stevenson, Melinda (May 2011). Eufocus: Understanding the European Union. the United States: Washington DC. p.3

work at all points. The president shifts among Member States every six months with the exception of the Foreign Affairs grouping. Thus, the Foreign Affairs Council is always led by the EU High Representative for Foreign Affairs and Security Policy.98 The Council tasked with five main authorities. The first one is to pass European laws. The EU legislation is applied jointly by the Council and Parliament. As general regulation, the Council only behaves on a proposal of the Commission, and the Commission will responsible to make sure that EU legislation is correctly implemented.99 The second point is to coordinate the Member States‘ policies. All EU Member State has position in Economic and Monetary Union (EMU) although not all placed at the euro area. EU financial policy is accorded on close coordination of national financial policies under EMU. This coordination is brought by the economics and finance minister who collectively make the Economic and Financial Affairs (Ecofin) Council.100 The third one is to develop the EU‘s common foreign and security policy, according on guidelines adjusted by the European Council. The definition and appliance of the EU‘s foreign and security policy is the exclusive competence of the European Council and the Council behaving unanimously. It has effect by the High Representatives for Foreign Affairs and Security Policy alongside the Member State, gathering in the Foreign Affairs Council.101 The fourth point is to conclude the international agreements between the EU and one or more states or international organizations. The Council finishes a set of agreement between the European Union and non- EU states as well as with international organization each year. These agreements cover wide areas such as trade, cooperation and development, or they can agree with particular subjects like textiles, fisheries, science

98 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. 99 Ibid 100 Ibid 101 Ibid

and technology, transportation and many others. Those agreements are subject to the assent of the European Parliament in extent where it has co- decision authority. The last one is to apply the EU‘s budget together with European Parliament. However, if these institutions fail to reach on agreement then the conciliation procedures are needed until a budget is agreed.102

5.3. EU ACTORS’ VIEW

―It is not for me to express a position on questions of internal organization related to the constitutional arrangements in a Member State. I just want to recall some of the principles that would apply in such a scenario. The separation of one part of a Member State or the creation of a new state would not be neutral as regards the EU Treaties. The European Union has been established by the relevant treaties among the Member States. The treaties apply to the Member States. If a part of the territory of a Member State ceases to be a part of that state because that territory becomes a new independent state, the treaties will no longer apply to that territory. In other words, a new independent state would, by the fact of its independence, become a third country with respect to the Union and the treaties would, from the day of its independence, not apply anymore on its territory. Under article 49 of the Treaty on European Union, any European States which respects the principles set out in Article 2 of the Treaty on European Union may apply to become a member of the Union according to the known accession procedures. In any case, this would be subject to ratification by all Member States and the Applicant State.‖103

The statement was coming from the mouth of Herman Van Rompuy, the President of the European Council in Madrid on 12 December 2013. Before he ends the press conference, he said that he quite

102 European Union. June 2013. The European Union explained: How the European Union Works. Brussels. p.15 103 European Council The President (December 2013). Remarks by President of the European Council Herman Van Rompuy on Catalonia. Madrid

convinced that Spain will remain a united and reliable Member State of the European Union.

―The law says that an independent Catalonia would no longer be part of the Union. An independent Catalonia would have to apply for EU membership again. To put it bluntly, a few seconds after a vote for independence, Catalonia would be out of the Union. You would be out of the euro system. You would not have EU citizenship. In short, I would lose you. The process to come back into our Union would not be a quick one. It would be lengthy. It would require long negotiations and the unanimous approval of all EU countries. This is the time for solidarity and working together, not for separation or division. A Catalonia out of our Union would weaken Europe. It would weaken Spain. It would weaken Catalonia.‖104

This speech was delivered by the European Commission Vice- President, EU Justice Commissioner, Viviane Reding in Barcelona on 23 February 2014. She was trying to convince Catalan citizen to review their desire to achieve Independence by bringing that the action would end up with a weakened Catalonia, Spain and European Union.

Alejo Quadras as European Parliament vice-president and Spanish nationalist, he suggests Spain to send in military to prevent democratic referendum in Catalonia. Yet, he called Catalonia as ―rebellious autonomy‖. Besides fighting the resolution in the court, Spanish government must take over the autonomous region. He believes that the time has come for the Spanish state to use one of its tools named the commensurate and legitimate use of force.105

On the other hand, the European Commission President, Jose Manuel Barroso, he is not going to reckon on possible secessions because it is not his job to do so. He, however, explains that it is a procedure of

104 European Commission (23 February 2014). Vice-President Reding‘s Remarks on Catalan Independence. Barcelona. 45th Citizens‘ dialogue. Retrieved on 7 November 2014 from http://europa.eu/rapid/press-release_SPEECH-14-152_en.htm 105 Help Catalonia (28 September 2012). European Parliament vice-president proposes sending in military to prevent democratic referendum in Catalonia. Retrieved on 7 November 2014 from http://www.helpcatalonia.cat/2012/09/european-parliament-vice-president.html

international law. A state has to be a democracy first and that state has to apply to become a member of the European Union and all the other member states have to agree. If a new state wants to join the European Union, it has to apply to become a member of the European Union like any state. In fact, he sees no state leaving and many states wanting to join. He makes it clear that in attempt to emerge in the European Union there is a procedure to follow.106

The judicial circumstance has not modified since 2004, as the Treaty of Lisbon did not introduce any modification in that respect and so he can confirm that the position of the European Commission on the question remains the same.107 But then again, Brussels did not want to comment on what they see as a political internal matter such as Spain and Catalonia issue. It responds the letter sent by Catalan President Artur Mas in his seek of support urging them to encourage vote that would breach the Spanish institution. Moreover, Mas wrote letter to German Chancellor Angela Merkel saying there are some legal and constitutional options which allow the referendum to be held in Catalonia.108

The spokesperson for the European Commission, Pia Ahrenkilde confirms that European Commission is very much listening to Catalans but has not decided to say a word. All European Union leaders will have to discuss about it and Catalans will have to wait for the answer on another occasion while looking for the way out with the Spanish government.109

106 BBC (12 September 2012). Scottish Independence: EC President Jose Manuel Barroso on new states membership. Retrieved on 7 November from http://www.bbc.com/news/uk-scotland- scotland-politics-19567650 107 Xinhuanet (17 November 2012). Barroso declines instant EU membership for Catalonia in case of independence. Retrieved on 7 November 2014 from http://news.xinhuanet.com/english/world/2012-11/17/c_131981456.htm 108 Euractiv. Barroso‘s answer to Mas: Catalonia‘s referendum on independence is a Spanish debate. Retrieved on 7 November from http://www.euractiv.com/video/barrosos-answer-mas- catalonias-referendum-independence-spanish-debate-307402 109 European Commission is very much listening to Catalans but avoids commenting on turnout and results. Retrieved on 10 November 2014 from

In interpreting the meaning from Ahrenkilde above, one cannot avoid the statement that EU leaders need to sit down together talking about the response towards Catalonia. In some perspective that could mean the EU leaders have not had engage together in that particular issue. So, it left the Union in state that there is none to say about. The newly elected president of the European Commission, Jean-Claude Juncker expressed that he did not want to interfere in a debate that requires to be solved within member states and not in Europe.110 Most recently, when European Commission‘s Spokesperson, Margaritis Schinas being asked regarding non-binding symbolic vote participated by 2.3 million Catalan citizens on 9 November 2014, whether it deserved reaction from the commission or not. Once again, he confirmed that what they did is Spain‘s internal affair. Then, he concluded that he had nothing else to say about it.111

Jean-Claude Juncker‘s new European Commission regime does not feel to have different approach to the self-determination demands from Catalonia. Barroso‘s regime was often criticized for following the interest of member state first, instead of defending the European Union‘s value and general interests. In this regard, Juncker‘s Commission too, playing safe by not engage into politically sensitive topic that might irritate the Spanish government. The Union does not have authority over the internal constitutional organization of Member States. However, it has authority on matters about democratic rights according to its treaty. But then, the commission did not use the chance of being coherent with its external policy according to the peaceful resolution of conflicts and democracy http://www.catalannewsagency.com/politics/item/European-commission-is-very-much-listening- to-catalans-but-avoids-commenting-on-turnouts-and-results 110 Juncker warns Catalonia: ‖One does not become an EU member state by sending a letter. Retrieved on 10 November 2014 from http://www.catalannewsagency.com/politics/item/juncker.warns-catalonia-one-does-not-become- an-EU-member-state-by-sending-a-letter 111 2.3 million Europeans voting do not ―deserve‖ a specific comment from the European Commission. Retrieved on 12 November 2014 from http://www.catalannewsagency.com/politics/item/2-3-million-europeans-voting-do-not-deserve-a- specific-comment-from-the-european-commission

81 value. In this occasion, same as the last 2 years, the European Commission prefer not to connect the demand of Catalonia to the European Union‘s core values.

Field of Concerns EU Actors‘ views Institutional Jean-Claude Juncker: I did not want to interfere in a debate that requires to be solved within member states and not in Europe.

Jose Barroso: I am not going to reckon on possible secessions because it is not my job to do so. A state has to be a democracy first and that state has to apply to become a member of the European Union and all the other member states have to agree.

Herman Van Rompuy: It is not for me to express a position on questions of internal organization related to the constitutional arrangements in a Member State. I just want to recall some of the principles that would apply in a scenario. Legal Viviane Reding: The law says that an independent Catalonia would no longer be part of the Union. An independent Catalonia would have to apply for EU membership again. To put it bluntly, a few seconds after a vote for independence, Catalonia would be out of the Union. Security Alejo Quadras: I suggest Spain to send in military to prevent democratic referendum in Catalonia. Yet, Catalonia is ―rebellious autonomy‖. Besides fighting the resolution in the court,

Spanish government must take over the autonomous region. The time has come for the Spanish state to use one of its tools named the commensurate and legitimate use of force.

Figure 5.1

That figure 5.1 above is comparing the words from important actors in European Union apart of the spokespersons. It covers five arguments from President and Vice-President which lead the Union which are categorized in three different fields of concerns: Institutional, legal and security. It is aimed to help getting better interpretation towards the words delivered by those actors. Those five were chosen because they are all have the greatest authority to deliver words on behalf of the European Union. Given a chance to speak up on Catalonia secession issue those words were coming from their mouths.

5.4. EUROPEAN COMMISSION PRESIDENT CANDIDACY DEBATE

Internally, In European Union, there was historical debate issued on the European Commission candidacy debate. It was featured by the five largest political groups in Europe such as Conservatives and Christian-Democrats (Jean-Claude Juncker), Social-Democrats (Martin Schultz), Liberals and Democrats (Guy Verhofstadt), Green Socialists (Ska Keller) and Alternative Left (Alexis Tsipras). The topic chosen in the debate is regarding the independence movements in some Member States such as Scotland and Catalonia. The first speaker Guy Verhofstadt said that the EU can only intervene in a positive manner because Catalans have to be heard and should not take sides on behalf of Member State governments like Barroso already done, although he would rather the EU not to intervene but let the internal parties in the state to decide. The

second candidate Alexis Tsipars argued that he respects the right to self- determination and that people have to be heard but he suggested to grant greater autonomy than a breakaway. As the third candidate, Ska Keller, she confirms that Catalans and Scots must have the right to decide on their own future of their own state. Jean-Claude Juncker as the next candidate asks the European Union to simply shut up and let the states‘ involved parties to seek the way out. Martin Schultz, he too, emphasizes the need to respect Member States constitutional frameworks.112

The result of European Commission candidacy debate above also unable to be seen as reference on the reaction of European Commission towards the issue of Spain and Catalonia. They are all delivering their personal argument based on personal point of view. The commission picked the issue of independence movement because recently there are heaps of similar debatable issues unfold in Europe. On the day of vote, 9 November 2014, European Parliament alongside national parliament and regional parliament sent eight members of international delegation to Catalonia. They did not come to finally take side either Catalonia or Spain. But, they traveled to monitor the organized vote. When they questioned on Spanish blocking of the vote, they argued that voting is not a crime and what is required is to let the voice of the people to be heard. They want to make sure the vote held in Catalonia will be as open and transparent as possible. The team has been invited by the Public Diplomacy of Catalonia to get impression of the voting process.113 It shows that European Union is aware and concerned on this Catalonia secession issue although it remains impassive.

112 Catalonia‘s independence and EU membership, feature in the EU Presidential debate. Retrieved on 10 November 2014 from http://www.catalannewsagency.com/politics/item/catalonia-s-independence-and-EU-membership- feature-in-the-EU-presidential-debate 113 European Parliamentary Delegation to observe 9N vote. Retrieved on 12 November 2014 from http://www.cataloniavotes.eu/european-parliamentary-delegation-to-observe-9n-vote/

5.5. EU TREATY’S VIEW

 ―The Union‘s aim is to promote peace, its values and the well-being of its people.  The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to eternal border controls, asylum, immigration and the prevention and combating of crime.  It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe‘s cultural heritage is safeguarded and enhanced.‖114 The article 3 of European Union Treaty above could be applied to those people owns Spanish citizenship living in Catalonia. As for Catalonia‘s citizen, that will no longer applicable if independent Catalonia appeared to be out of the Union. However, this argument saying that a state would be automatically out of EU is not supported on the treaty. It does means if one sort out the EU treaty, the explanation regarding whether or not state that obtain independence is automatically going out from the institution cannot be found anywhere. Thus, in this context, the argument is basically generated by general assumption since it does not crystal clear mentioned on EU law itself. By this point, one could say that those arguments above from EU actors spoke based on their personal argument not from the official response of European Union as whole package of regional institution.

―The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non- discrimination, tolerance, justice, solidarity and equality between women and men prevail.‖115

114 European Union (2010). Consolidated Treaties Charter of Fundamental Rights. Luxembourg: Publications Office of the European Union 115 Ibid

The article 2 of European Union Treaty above provides support to the previous article. It gives the outline that European Union should behave according the principles. If Catalonia would happened to achieve independent and out of the European Union, it has to respect characteristics listed on the article 2 above such as human dignity, freedom, democracy, equality, the rule of law and human rights. In the context of Catalonia, amongst them, the existence of democracy is the most viable as the region has desire to exercise its right to democratically decide on its future by involving the 7.5 million Catalans.

―Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union. The European Parliament and national Parliaments shall be notified of this application. The applicant State shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the consent of the European Parliament, which shall act by a majority of its component members. The conditions of eligibility agreed upon by the European Council shall be taken into account.‖116 Quotation above is the article 49 on the European Union Treaty. It is regarding the new membership procedure in the Union. If it compared with the statement from Van Rompuy mentioned earlier about third country, in the line from European Union Treaty on Article 49 we cannot find the word; third country. Yet if there was actually discussion about third country on the Article 49, the EU treaty itself did not define the context of what kind of state considered as third country. Therefore, it brings the uncertainty onto the surface regarding the meaning of existed third country on the European Union Treaty as it appeared to be lack of explanation.

However, according to a non-EU source, third country is very different with third world countries. Third country is equal as the term

116 European Union (2010). Consolidated Treaties Charter of Fundamental Rights. Luxembourg: Publications Office of the European Union

introduced by the European Commission to describe any state of the world that is not one of the 28 European Union‘s Member States and EEA- EFTA (European Economic Area – European Free Trade Association) states (Iceland, Liechtenstein, Norway). Hence, the example of third country is including all states in North, Central, South America, Africa, Asia, Oceania, Eastern Balkan (Albania, Bosnia and Herzgovina, Kosovo, Macedonia, Montenegro), Turkey, Belarus, Moldova, Ukraina, Russia and Switzerland.117

Additionally, on the European Union Treaty, the possibility of an application for membership requested by a country which had come into existence through secession from a member state is not considered. It is merely designed to clarify that particular state able to join the Union. Specifically, it invites the free states in Central and Eastern Europe to submit membership in the European Union.

―The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self- government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.‖118

Above is pointed on the EU Treaty Article 4 second line. It argues on the position of Union in the issue between member state and its region. Hence, the standpoint of the European Union is at non supportive point as it stays silence by far. The impassiveness of the Union is in the line with the EU Treaty regarding the issue of a separation of a specific region from a member state. Based on the treaty, indeed, the Union shall respect the essential State functions of its member states that consist of ensuring the

117 What is a third country. Retrieved from http://www.emmcchir.org/FAQ/files/fe512866cb89c6ab845c3c66a7d013eb-5.html 118 European Union (2010). Consolidated Treaties Charter of Fundamental Rights. Luxembourg: Publications Office of the European Union

territorial integrity of the state. It is not harmful to say that the European Union was not directed to assist the borders between the member states and regions.

5.6 EUROPEAN UNION’S VIEW

The Treaty is done by saying on article 4 that territorial integrity is categorized to be a function of the member state, and also that European Union respects it. Moreover EU in some occasions had approved the re- definition by member state of their geographical territory. The most noticeable one are the independence of Algeria and Greenland. Thus, the policy of European Union according to its treaty is nothing more than respecting the constitutions of member states. In this prior, the Union and Spain‘s fellow member states would not dare to interfere and challenge Spain‘s policy and behavior to manage Catalan issue. On the other side, Spain too, wishes neither EU nor other states to get involved in its issue with Catalonia.119 Unless Spain asks, none of European Union or other state will jump in between Spain and Catalonia.

Even though the EU has no clear policy towards secession, one can reflect them from the similar experience faced before. However, a break up into smaller unit is tends leading to political shift that in the end produces instability towards the region. The post-disintegration of the Soviet Union is best suited for the argument. Back to EU, it has been shown different attitude towards the case of Kosovo and Montenegro. In Kosovo case, Serbia rejected to accept the referendum in which leads EU to silence. In fact, states like Spain, Slovakia, Romania, Cyprus and Greece did not recognize the independence of Kosovo in which achieved through unilateral declaration. It was because those states think that this could encourage independence movement in their states like Catalonia, Basque, Hungary, and Turkey Cypriots. As for Montenegro, the Union

119 Avery, Graham (7 May 2014). Independentism and the European Union. European Policy Centre: Policy Brief. Retrieved on 11 November 2014 from http://www.epc.eu/documents/uploads/pub_4393_independentism_and_the_eu.pdf

indicated unenthusiastic before Serbia approved, in reluctant manner though, its referendum as constitutional process. Then, EU alongside Council of Europe supervised the referendum and dealt with its validity. In the end, it is happy ending for Montenegro. People in majority voted Yes and its independence admitted by all EU member states.120

Towards secession, international law is frequently defined as settling a neutral stance. Domestic law is the one evaluates the act of secession. It leaves the international law merely concerned with regulating the consequences of secession.121 In this context, the European Union Treaty itself has been functioned similarly with international law in general. There is no major difference from the enforcement that produces chaotic circumstances. In fact, nothing in the EU treaties adjusts what would happen in the event of part of a Member State becoming independent.

Actually, there is a way for regional government to have its participation within the European Union body, specifically in the policymaking table. For instance, Belgium, consistent with its high degree of regional autonomy, it often delegates both Flemish and Waloon representatives to sit in the European Council. However, they must generally represent Belgian interest, not the regional. On the other hand, Spain has appeared to be reluctant to permit representatives of its stateless nations to formally involve in the EU. A region possibly has authority over particular issue at domestic stage but is unable to fully engage in EU policymaking concerning the issue.122

120 Avery, Graham (7 May 2014). Independentism and the European Union. European Policy Centre: Policy Brief. Retrieved on 11 November 2014 from http://www.epc.eu/documents/uploads/pub_4393_independentism_and_the_eu.pdf 121 Crawford, James (2006). The position is that secession is neither legal nor illegal in international law, but a legally neutral act the consequences of which are regulated internationally. supra note 93, at 390 122 Keating, Michael. Examining politics in several stateless nations, including Catalonia, Scotland, and Flanders. Supra note 6, at 156

In this context, the Spanish government seems like playing safe. It does not want to take a risk by letting regional community to represent Spain Kingdom in the EU policymaking. It does makes sense that the Spanish government might afraid if its autonomous community will urge other representatives from other states to design policy in which could help regional secessionist movement. That is one of the reasons why Spain keeps sending its own representative from central government, not from regional community.

CHAPTER VI CONCLUSION

The European Union as regional institution in Europe has the most urge to be involved in the conflict between Spain and Catalonia. In other words, if there is one international organization that can get in touch with is European Union, since it is the nearest one. After all the things explained on previous chapter, EU‘s standpoint in the conflict between Spain and Catalonia is holding on no one side. It has emerges taking side neither by Spain nor Catalonia. The Union seems to enforce its law on this kind of issue. The EU law itself tells that European Union deference the internal affair of its Member State. However, it left EU in such predicament. Despite of several individual words from the Union‘s leaders, the regional institution have not integrally released official statement of EU‘s position in this kind of issue. However, to inference from the individual perspective of EU leaders, they are all appeared to avoid arguments that might displease or berate the Spanish Government. Those words coming from EU leaders have been such euphemism for Spain. The European Union tend reluctant to behave freely on this sort of issue between Catalonia and Spain.

The thing is that European Union so far did not at least aggravate the issue. The EU advent has changed nothing out of the issue. The Union realized to not disclose statement Spain could find it appalling. The European Union remains incapable of soothing Spain as its Member State. The role of EU as regional institution towards the issue between Spain and Catalonia is intangible. It is not because the Union apathy on the issue but it is about defending the EU Treaty as collective product of the region. Then, it seems that EU attitude towards the issue is nothing but nebulous as the regional institution did not articulate. It turns out the EU Treaty has

91 left the European Union powerless to arbitrate Spain and Catalonia. So, it is also not that because the Union discerns the issue in Catalonia. Abstain seem to be the safe manner for European Union to deal with Spain and Catalonia. Thus, by far the EU has been acting as non-catalyst by behaving inexplicitly. Considering that behavior of the Union which does not want to change its impassive gesture anytime soon, Spain‘s Rajoy appeared to be impervious.

The European Union is lack of clarification regarding standpoint on how it would handle issue of secession from a Member State or two. It is because each secession would generate its own unique perspective. It is undoable for the Union to adjust in detail all of the possible outputs of separation. However, the general question like whether a new state would automatically make it to membership, whether EU can take over secession issue from member state in certain circumstances, weather new state would be needed to submit membership by EU‘s normal application steps. Those questions are something EU does not possess.

The European Union did not give formal chance for region like Catalonia to get involved in EU policymaking. It could go deeper on requiring the involvement of regional representatives in EU policymaking that covers on areas of regional competency. Toughening the part of of the regions at supranational stage would be in line with the vital role that regions already work within many EU Member States. It would also match with the general interpretation of the principle of subsidiarity and might works just fine if the EU turns from the Eurozone crisis with more strict commitment to integration. There is always the opportunity to enlarge the part of the regions at the EU level which can lead to obtain greater back up for separation. However, it could also minimize separatist strain by creating statehood less of a responsibility for formal involvement in the Europe.

Studying from the Canadian Supreme Court‘s advisory argument regarding Quebec, states handles with separatist movement should think permitting to hold referendum to catch back up for separation, no reason appears about why the democratic principles that brings the Canadian Supreme Court‘s attitude for compromised secession should not engage with equal power in democratic state like Spain, in particular. Spanish Government should rethink to help Catalan government seeking new path that lead to future relationship with Spain.

The Spanish Government should realize that within Spain, there is plenty of culture, language and societies dwell in all regions. It cannot insist to force the citizen using only what available at capital city, Madrid. Even minority‘s cultures and languages need to be respected by the central government. The point is that Spain itself has very diverse pattern inherited from ages ago generation by generation, not currently made. It is important to honor the history of Spain as well as what had formed it as it is now. Thus, make them vanish is not right thing to do. Instead, the central government should start thinking to cherish and value them so they could last for long time. By doing so, in fact, it could be helpful to have even stronger and more solid foundation in which strengthen Spain as tough unit. That way, it is not possible Spain will be able to recover from the economic crisis it has been suffered from.

As for European Union, it must do something by now out of the conflict between Catalonia and Spain. Indeed, there are already treaties that determine the attitude of the Union towards such issue. The regional institution has decided to sit back and let the Spanish Government deal with Catalan Government to works things out in its internal affairs as central government and disputing regional government. Actually, European Commission can serve its legislation function by proposing action at EU level. It does not do so because it believes that this Catalonia secession issue is more efficiently and effectively be taking care of in national action. Otherwise, the union would already take over the dispute

93 resolution. However, if one also refers to EU Treaty, one could find that Spain as one of EU Member States, in the context of Catalonia issue has been violating one importance value of European Union that has been the main foundation in its regime, which is democracy.

Thus, democracy as one of the obligatory qualifications to be registered as official EU Member State is being confronted by Spain as its government refuse to allow self-determination vote, which is considered as the most ultimate form of democracy since it is initiated collectively by people and get them involved as well. Although Spain use the protection to united Spain and see it as threat that can break apart the current shape of country, its government should not behave in non-accommodating manner by closing down the door of negotiation. The central government seems do not political willingness to permit one of the exercises of democracy itself that has been a major value integrating Europe. Hence, the European Union has been witnessing the violation of its own law by its Member States without doing anything concrete to uphold the region.

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APPENDICES

Catalan President Artur Mas delivering speech

Catalan citizen expressing desire to vote

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Spanish Prime Minister Mariano Rajoy delivering speech

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