D+1 consequences of a declaration of independence

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Information about D+1 consequences of a declaration of independence
News & Politics

Published on March 8, 2014

Author: albert.macia

Source: slideshare.net

The process towards an Independent State and the first months of the Catalan State Consequences of a Declaration of Independence July 2012

The next step: Catalan Parliament to proclaim the Catalan State Generate social support Political Sphere Sovereignty Act Communicate the process internationally, establish alliances with key countries and agree with them terms for recognition Declaration of independence First months as an independent State International recognition of the Catalan State Define key transition processes Operational Sphere (State's structure) Define necessary functions Appoint, supervise and coordinate key persons and work teams Develop information systems 2

The independence declaration must be preceded by a vote in the Parliament where representative must have the right to vote freely }  The independence declaration is a unilateral act that can only make official the Catalan Government’s President §  Nevertheless, city councils, provincial councils, regional councils, and social organizations can adhere to it }  The independence declaration must be preceded by a vote within the Parliament, in which representatives must be granted their free vote §  The vote must be public §  Declaration’s approval requires a simple majority 3

The independence declaration must be public and formal and has to include a set of statements }  An Independence Declaration }  A statement on the will to reinstate Catalonia’s sovereignty }  A declaration of the will to consider Catalonia as an heir and successor of the Spanish State, and a continuator of its monetary sovereignty }  A declaration in favor of Peace, Rule of Law, Democracy and Human Rights, specifically referencing the Letter of Human Rights, the UE Letter of Fundamental Rights and the European Council agreement to protect national minorities, among others 4

The independence declaration must be public and formal and has to include a set of statements }  A statement on the pro-European will, and the guarantee that European law will be applied in Catalonia }  Accession to Helsinki’s Final Act (1975), the Nuclear NonProliferation Treaty, the Purposes and Principles in the Charter of the United Nations: Chapter I, among other law rules }  A call in favor of Catalonia’s readmission in the International Community }  The opening of a constituent process and the announcement of an independence referendum 5

Catalonia’s independence will have several consequences }  Direct consequences: §  The reinstatement of historical sovereignty, legal entity and international’s subjectivity for Catalonia. §  Catalonia’s reinstatement in the international ruling and it’s accession to international organizations §  The dissolution of the Spanish State and the extinction of it’s legal entity and international subjectivity §  The monopoly on the use of force within the Catalan State’s territory §  Catalan authorities jurisdictional immunity in front of Spanish political and jurisdictional institutions §  Catalonia’s international responsibility towards other states §  Backing down of royal titles belonging to Catalonia and, with it, the dissolution of the Spanish Crown’s unity and extinction of its continuity 6

Catalonia’s independence will have several consequences }  The succession declaration has two aspects: §  Internal: its goal is to grant the continuity of the Spanish legal ruling dispositions in the Catalan State until they are modified by the legislative proceeding. It includes the transitional application of the Estatut (2006) as it was approved by Catalonia’s Parliament. §  External: its goal is to grant the inclusion in the Catalan Law of those treaties that do not constitute any international organization and their complete fulfillment }  The democratic process and the public consultation about the adoption of the Catalan constitution, gives democratic legitimacy to Catalonia’s independence }  A statement on the will to reinstate Catalonia’s historical sovereignty and to back down the Royal titles that bestow historical legitimacy }  Formal Catalonia’s candidacy to become a member of the United Nations, OCDE, UE and other international organizations, and beginning of the adhesion negotiations 7

Transfer of Spanish nationality will follow a set of general and particular rules General rules: }  Art. 15 Universal Declaration of Human Rights: §  Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality }  Other general rules: §  Proscription of arbitraries and no discrimination because of race, language, ideology... §  Respect to individual will §  Prevent the stateless situation §  Respect principle to family unit 8

Transfer of Spanish nationality will follow a set of general and particular rules }  P a r t i c u l a r r u l e s r e g a r d i n g States succession (res.55/153 AGNU, 2000): §  Nationality transfer only affects people with the predecessor state nationality (Spanish) §  Right to obtain the nationality of at least one of the secessionist States §  Nationality presumption: usual residence §  Usually implies the loss of a nationality by the acquisition of another §  Cases of residence in third states: individual will, demonstrate a link with the State §  Usual residents without the nationality of the predecessor State: it doesn’t affect their legal situation §  The resignation of the double nationality is accepted except in those cases where it would bring a stateless status §  Spanish government employees (military, police, diplomats, Treasury...) and their nationality according if they are usual residents §  The individuals nationality must be distinguished from corporate bodies nationality 9

Once the Catalan State is proclaimed, it is necessary to obtain the international recognition from key countries Generate social support Political Sphere Sovereignty Act Communicate the process internationally, establish alliances with key countries and agree with them terms for recognition Declaration of Independence First months as an independent State International recognition of the Catalan State Define key transition processes Operational Sphere (State's structure) Define necessary functions Appoint, supervise and coordinate key persons and work teams Develop information systems 10

Catalan State recognition }  The recognition is not a constituent act but merely a declaration of a de facto situation. It doesn’t require a unanimous recognition to formalize the restitution of our international subjectivity, but it would be desirable to obtain the recognition of as many countries as possible among those closest, as it will constitute proof of Catalonia’s international subjectivity. }  The recognition can be either spoken or tacit, individual or multiple, and will be subjected to International Law regulations regarding State recognition. The establishment of diplomatic relations or receiving transitory diplomatic delegations does not imply the recognition of a state. Public International Law proscribes any other kind of intervention. }  The recognition of the Spanish government and other successors of the predecessor state will be conditioned to their recognition of the Catalan state, in reciprocity. 11

Catalan State recognition }  The recognition of the Spanish government and other successors of the predecessor state will be conditioned to their recognition of the Catalan state, in reciprocity. }  The lack of recognition will only affect the relationship between the Catalan state and those states that do not recognize it. The refusal to recognize the Catalan state will be interpreted as that state only recognizing Spain as a sovereign entity. If that were the case, that state could only claim Spain the fulfillment of their international obligations, including debt payment. }  The hey countries for our international recognition are: the five members of the Security Council of the United Nations, the OCDE members, EU members, Israel, Vatican and some regional powers as Argentina, Brazil or Saudi Arabia, among others. }  It is urgent to work on this matter. The Declaration of Independence can only be effective once an agreement has been reached with certain states towards our recognition, not before. 12

Catalonia’s independence and the EU }  }  EU does not consider the expulsion of its members. It doesn’t consider the expulsion of a region of one of its members that declares independence, either. International Law establishes that treaties signed by the predecessor state will automatically extend to the successor. §  The successor state cannot invalidate the treaty or renegotiate it. §  The other signatories cannot exclude the successor. §  This general rule has one exception: treaties constituting International organizations. In that case the successor State must request admission to those organizations. For example, the Catalan State would have to apply to be admitted to the United Nations... §  But the Schengen treaty, does not constitute any international organization, and therefore should be applied immediately. }  While the UE and its members do not the recognize the Catalan State, it will have no obligation to assume the payment of the Spanish debt corresponding to our territory. }  So, it’s in UE ‘s interest to recognize the Catalan State or they won’t get paid, and even less by a Spanish State without Catalonia. 13

Catalonia’s independence and the EU Schengen Treaty }  After the Declaration of Independence, a transition period will begin, during which EU law rules will continue to apply while Catalonia negotiates its accession. }  No restrictions to the free circulation of people, goods and capital could be applied as the Schengen Treaty is not constituent of the UE and therefore that treaty should apply to the Catalan State. }  We’re talking about an internal extension. Like Scotland, Flanders or Euskadi §  The same would happen if Flanders declared its independence. Otherwise Brussels (Flanders capital city and headquarters to main EU organizations) would be expelled. That would be absurd. 14

Catalonia’s independence and the EU. Pesseta. }  }  }  }  The pesseta was a Catalan currency until 1868, when it was adopted by Castilla. The pesseta is part of Euro’s structure. International practice demonstrates that in case of a succession or a state’s dissolution, each new sovereign entity will recover its monetary legacy. There’s no objective, political or legal reason to forbid Catalonia to consider itself as a successor of the Spanish State monetary sovereignty. Catalonia, as a State arising from Spain’s dissolution, could consider itself heir and bound to rights and obligations established in the Maastricht treaty regarding the monetary union. 15

A wide group of countries would recognize the Catalan State immediately Immediate recognition Will condition their recognition Will maintain an equidistant position Ø  United Kingdom (UN SC) Ø  Germany Ø  Poland Ø  OCDE Members Ø  EU Members Ø  Nordic countries Ø  Slavic countries Ø  Brazil, Argentina... Ø  Commonwealth Ø  Israel (...) Ø Russian Fed. (UN SC) Ø China (UN SC) Ø Morocco Ø USA (UN SC) Ø Canada Ø Australia & N. Zealand Ø Portugal Ø Japan Ø India Ø Greece Ø Central Asia Ø Sub Saharan Africa }  Will be somehow reluctant Ø France (UN SC) Ø Italy Ø Vatican Ø Turkey Ø Serbia Possible conditions to recognition §  §  §  §  §  §  §  §  UN: no nuclear proliferation, Human Rights... EU: democracy and UE’s law guarantee OCDE: national minorities rights... Russia: non recognition of Kosovo and others... USA: air space and military space use agreements Vatican: 1979 agreement observance China: equidistant position towards Taiwan and Tibet Turkey: support their candidacy to become EU member 16

Empresaris  per  l’Estat  propi   Only  by  being  an  independent  state   will  Catalonia  be  economically  viable   www.ccncat.cat   info@ccncat.cat    

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