STUDY. Secession is not provided for in that document. The Spanish Constitution Article 155 • Within the Constitution of 1978, Article 155 was included to ensure the fulfillment of constitutional obligations by all Autonomous Communities, including Catalonia. annadolezal. In response, Madrid invoked something that's been described, alternately, as a … When was the Spanish constitution created? It seemed logical. Catalonia is an Autonomous Community within the Kingdom of Spain, with the status of historical region in the Spanish Constitution of 1978. [6] Adolfo Suárez's government had lowered voting age from 21 to 18 only three weeks before the referendum, which resulted in a made-up electoral register increasing by over 3 million people compared to the 1977 general election amid technical, administrative and logistical issues. Article 155 of the 1978 Spanish Constitution allows for the suspension of Catalonia's autonomy [Reuters] 27 Oct 2017. In 2006, Catalonia decided to create a new statute, which would give the region greater freedom in regards to taxation, judicial proceedings, and the status of Catalan. This constitution is based on the indissoluble unity of the Spanish nation. Yet Iglesias’s party, once a firm critic of the post-Franco Spanish constitution, has effectively fallen into line behind the PSOE’s own rejection of Catalan self-determination. The Statute of Autonomy of Catalonia is the fundamental organic law, second only to the Spanish Constitution from which the Statute originates.. Catalonia. The Ombudsman is elected by the Cortes Generales for a period of five years pursuant to the Ombudsman Act of 1981 ( Ley Orgánica 3/1981 ), by which this institution is governed. The Spanish Constitution establishes the «indissoluble unity of the Spanish Nation» (art. Catalonia’s push for independence is far from new. In the Spanish Constitution of 1978 Catalonia, along with the Basque Country and Galicia, was defined as a "nationality".The same constitution gave Catalonia the automatic right to autonomy, which resulted in the Statute of Autonomy of Catalonia of 1979. When you examine the data, it becomes patently obvious that Catalans do not expect the current Spanish Constitution to provide a fit for Catalonia in Spain. the Constitution of 1978 does not provide expressly for a referendum of the characteristics noted above, in line with the provisions of Articles 1 and 2 of the Constitution. The 1978 Spanish constitution resulted from an agreement between very diverse ideological and territorial interests. In a December referendum, the draft constitution was then approved by nearly 90 percent of voters. The application of Article 155 of the Spanish Constitution Let’s review just a few facts about the present situation in Catalonia. The Spanish Court Decision That Sparked the Modern Catalan Independence Movement . Since then, Madrid has been adamantly opposed to an independence referendum, arguing that it is illegal according to the 1978 Spanish constitution (which … The Spanish Constitution of 1978 emerged and so did Catalan as an individual language within Spain, and as the official language of Catalonia (Barcelona's Languages). "The Spanish government will continue with the procedures outlined in Article 155 of the Constitution to restore legality in Catalonia's self-government," it said. The figure is even smaller in the case of PDECat sympathisers (18.7%), ERC (9.4%) and the CUP (5.9%), all of whom are hoping to draft a new Constitution: the Catalan Republic’s. But Madrid denied Catalonia the right to hold a plebiscite because in the Spanish context a referendum would break the Constitution of 1978 – which had itself been agreed on by national referendum in its time. Spanish Constitution of 1978 Catalonia Plans To Declare Independence From Spain On Monday BARCELONA/MADRID, Oct 4 (Reuters) - Catalonia will move on Monday to declare independence from Spain following Oct. 1′s banned Spanish Constitution of 1978. The Catalan government’s own pollster finds that while 70% want a referendum on the territory’s future, only 48% do if Spanish government doesn’t agree—which it emphatically does not. National totals", "Tribuna | El censo electoral: fundamento de la democracia (I)", https://en.wikipedia.org/w/index.php?title=1978_Spanish_constitutional_referendum&oldid=968398160, Articles containing Spanish-language text, Creative Commons Attribution-ShareAlike License, This page was last edited on 19 July 2020, at 04:26. Within this narrative, lots of emphasis is placed on the Constitutional Court’s The region enjoyed great autonomy until General Franco’s regime, during which its sovereignty was ruthlessly and repeatedly violated. A constitutional referendum was held in Spain on Wednesday, 6 December 1978, to gauge support for either the ratification or repealing of the Spanish Constitution which had been approved by the Cortes Generales on 31 October 1978. Catalonia’s push for independence is far from new. By the way, in Catalonia 91 percent voted in favor of the Spanish Constitution of 1978, about as unanimous as it gets in modern politics. The Constitution is politically dead in Catalonia, they often say, because the spirit of the document has not been honored by the Spanish state. The most important task of the constitution was to devolve power to the regions, which were given their own governments, regional assemblies and supreme legal authorities. Nayler deliberately avoids any mention of the Spanish constitutional framework. When the Spanish Constitution was approved by referendum in 1978, 90.5 per cent of Catalan voters supported it, and just 4.6 per cent voted against it. The Spanish Constitution of 1978 proclaims the separation of powers, the rule of law, legal security and the prohibition of arbitrary action by public authorities. 1). Articles 1 and 2 of our Constitution enshrine the principles of national sovereignty , which resides in the Spanish people as a whole, and of national unity, in line with the fundamental precepts of advanced democracies. Two of Spain’s seven founding fathers, responsible for the country’s current constitution, are of Catalan origin. The referendum resulted in 91.8% of valid votes in support of the bill on a turnout of 67.1%. In fact, some of the ACs did not even exist as differentiated entities before the political process countenanced by the Constitution of 1978. The Constitution recognizes the existence of nationalities and regions (Preliminary Title). The Scottish and Catalan flags were seen at the same rallies. The constitution declares that Spain is a constitutional monarchy and advocates the essential values of freedom, justice, equality, and political pluralism. Article 2 of the 1978 Spanish Constitution recognises and guarantees the right to autonomy of the different nationalities and regions, basing the principle on the unity of the Spanish Nation and the idea … The de­mands for the recog­ni­tion of the dis­tinc­tive­ness of Cat­alo­nia, the Basque Coun­try and Gali­cia, within the Span­ish State be­came one of the most im­por­tant chal­lenges for the newly elected Par­lia­ment. The 1978 Spanish constitution resulted from an agreement between very diverse ideological and territorial interests. The Rajoy government justifies its stance by falsely claiming the 1978 Spanish constitution prevents it from granting Catalonia a Scottish-style referendum. The Spanish Constitution of 1978 proclaims the separation of powers, the rule of law, legal security and the prohibition of arbitrary action by public authorities. ... 26 terms. These documents recognise Catalonia as a … The Spanish Constitution of 1978 created the institution of the Ombudsman as «high commissioner» of the Cortes Generales to guarantee the defence and protection of fundamental rights. In September 2005, the Parliament of Catalonia approved the definition of Catalonia as a 'nation' in the preamble [10] of the new Statute of … 230 0 obj <> endobj The drafting of the 1978 Spanish Constitution was the first time in Spanish history that the country's defining text had been decided by a process of consensus and then later approved by the Spanish people at referendum. 241 0 obj <>/Filter/FlateDecode/ID[<3FDB8DEF1A36545DBD89AFFD5FCE28AC><0B5578C79F4A624E94F3D05243C3BB58>]/Index[230 103]/Info 229 0 R/Length 82/Prev 474003/Root 231 0 R/Size 333/Type/XRef/W[1 3 1]>>stream 1978. According to a 2019 survey by the Catalan government, 31.5% of the inhabitants of Catalonia have Catalan as first language at home whereas 52.7% have Spanish, 2.8% both Catalan and Spanish and 10.8% other languages. He is due to make a statement on TV at 9pm local time on Wednesday. Spain’s constitutional court has struck down the Catalan parliament’s motion to begin the process of secession, ruling in record time that the legislation infringes on the constitution. Article 3 1. [1][2][3], The new constitution was intended to replace the many constitutional laws of the Franco era, the Fundamental Laws of the Realm, and turn Spain into a constitutional monarchy by removing many of the King's powers. By Reuters. Will Spain Splinter? The application of Article 155 of the Spanish Constitution Let’s review just a few facts about the present situation in Catalonia. According to Article 1 of the 1978 Spanish Constitution, “national sovereignty belongs to the Spanish people from whom all State powers emanate”. The region enjoyed great autonomy until General Franco’s regime, during which its sovereignty was ruthlessly and repeatedly violated. December 4, 2017 | Carles Puigdemont, Catalonia, Secession, separatism, Spanish Constitution of 1978. Such a turn is bad news for all who seek to challenge the political order set up in the transition from Francoism — the “1978 regime” long denounced by Podemos. Puigdemont claims the Catalan administration is simply acting on democratic grounds, given that more than … (Spanish: ¿Aprueba el Proyecto de Constitución?). %%EOF It had been drafted by the President of the Cortes Españolas, Torcuato Fernández-Miranda (including changes that would replace the Cortes Españolas with a Cortes Generales), and supported by Prime Minister Adolfo Suárez and King Juan Carlos. Article 2 of the 1978 Spanish Constitution states that the constitution "is based in the indissoluble unity of the Spanish Nation (Nación)" while also referring to the "right to autonomy of the nationalities and regions (nacionalidades y regiones)". [7] Interior Ministry officials acknowledged deviations of up to 5.1 per 100 in the electoral census—roughly 1.5 million people according to the National Institute of Statistics—resulting from the absence of an official electoral register and in an overreliance on data from municipal registers. Fathers of the Constitution. In fact, the writ­ing of the sec­ond ar­ti­cle, in which the "na­tion­al­i­ties and re­gions" of Spain were rec­og­nized, was the most hotly de­bated in the Parliament. In the Spanish case, a significant part of such context has been shaped by the Constitutional Court. The Statute of Autonomy of Catalonia is the fundamental organic law, second only to the Spanish Constitution from which the Statute originates.. by James R. Conde | After months of secessionist agitation in Catalonia, Spain’s government has called for fresh regional elections to be held on December 21. The Catalan authorities say around 90 percent of those who voted supported a split from Spain. Just minutes before, Catalonia had voted to declare independence from Spain. Castilian is the official Spanish language of the State. The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recog - nises and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all. They supported each other’s causes. 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