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D+1 the legal and political foundations of the catalan state

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Information about D+1 the legal and political foundations of the catalan state
News & Politics

Published on March 8, 2014

Author: albert.macia

Source: slideshare.net

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The process towards an Independent State and the first months of the Catalan State The legal and political foundations. July 2012

The process towards an independent state requires a combination of political and operational actions (State’s structure) 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 Principality of Catalonia was an International Law entity }  Until 1716, the Principality of Catalonia was an entity of International Law. }  As such, was endowed with international subjectivity, and that was recognized by the other members of the European States Society, of which Catalonia was a member. }  Catalonia’s sovereignty was full and native, meaning it was not subjected to any previous act, neither it depended on any other foreign entity, ... }  ...and so it enjoyed all the manifestations inherent to international subjectivity (ius legationis, ius contrahendi...). 3

Catalonia’s sovereignty was suppressed by the Reorganization Decree (Decret de Nova Planta) (1716), an illegitimate and illegal act }  Catalonia’s sovereignty was suppressed by the Reorganization Decree (Decret de Nova Planta) (1716) }  This decree led to the dissolution of the Hispanic Monarchy and our annexation to the Crown of Castile by right of conquest }  This mode of acquisition of sovereignty is now prohibited by International Law }  That decree was an illegitimate and illegal act because it violated : §  §  §  §  §  §  The will of Charles II Article XIII of Utrecht Treaty Catalan constitutions Phillip V oath to Court Barcelona’s capitulation War practices and customs 4

Catalonia’s sovereignty was suppressed by the Reorganization Decree (Decret de Nova Planta) (1716), an illegitimate and illegal act }  But above all, it was illegal for the sovereignty of a state can not be suppressed by the will of another State }  Contemporary International Law confirms the illegality of our annexation §  Today the principle of sovereign equality of States, contained in Article 2.1 of the Letter of the United Nations is a structural principle of International Law, and as such has erga omnes effects }  In addition, the War of Spanish Succession was a war of aggression, equally proscribed by contemporary International Law 5

Despite the submission of Catalonia to the Spanish authorities, Catalonia has contributed to the stability of Spain }  Historically, Catalonia has been crucial to Spain’s economic and political stability }  It especially stood out in the defense of democracy and its representative institutions during the Civil War and the restitution of democracy in 1978 6

Despite the submission of Catalonia to the Spanish authorities, Catalonia has contributed to the stability of Spain }  The domination of the people of Catalonia has manifested in many ways, including: §  The military occupation of Catalonia and its submission to a foreign authority §  Legal uniformity and submission of Catalonia to laws and customs of Castile §  The cultural assimilation, linguistic repression and the banning of public use of our language §  Our submission to the immigration law that enforces a system of institutional segregation §  The economic blockade, physical isolation and tax embargo (in other words plundering) §  The denial of our identity and the constant subjugation of our will to foreign interests 7

The Principality of Catalonia has never accepted the abolition of its sovereignty, institutions and selfgovernment }  Despite having demonstrated a constructive and pragmatic attitude to the last moment, the Principality of Catalonia has never accepted the abolition of its sovereignty, institutions and selfgovernment, as it proves a series of events: Year Event 1760 Memorial de Greuges 1869 Pacte de Tortosa 1883 Projecte de Constitució de l’Estat Català 1885 Memorial de Greuges de Valentí Almirall 1888 Missatge d’Àngel Guimerà a la reina regent 1892 Bases de Manresa - Missatge de Joan Maragall a Alfons XIII 1907 Programa del Tívoli de Prat de la Riba 1931 Projecte de constitució catalana de Macià 1934 Proclamació de l’Estat català 1977 Restitució de la Generalitat de Catalunya 2006 Projecte d’Estatut d’autonomia 2012 Proposta de pacte fiscal 8

Independence should not be considered as part of the territory’s secession from Spain, but as the restoration of the sovereignty of Catalonia }  The independence of Catalonia can occur in different ways, such as: §  By applying the principle of people’s self-determination (res. 2625/XXV AGNU) §  By applying the principle of nationalities (14 points of Wilson) }  The will to restore our sovereignty is based on: §  The evidence that our idiosyncrasy has never fit into the Spanish legal framework and that it seriously endangers the survival of our national and cultural identity §  The pervert management of our resources through a system of revenue sharing and a system of public policies that discriminate on the basis of national identity §  The state’s administrative centralization and the intervention of our political institutions on the pretext of public debt caused by a confiscatory tax system 9

Independence should not be considered as part of the territory’s secession from Spain, but as the restoration of the sovereignty of Catalonia }  Our independence cannot be considered as a secession from Spain, but as the restoration of the sovereignty of Catalonia }  The restoration of our sovereignty should include the entire territory of the Principality of Catalonia and, in the long run, all the manifestations of its historical sovereignty }  The dissolution of the Spanish Crown and the termination of the legal and international subjectivity of Spain, implies the right of all peoples of Spain to exercise their self-determination to decide their future political 10

The independence of Catalonia and the UE. International Law Legitimacy }  Catalonia did not join Spain, but was annexed by Castile, a sovereign entity with which we shared a monarch, and was on the same legal level that the Principality of Catalonia to the Crown. }  By law, our annexation was an illegal act. It violated the will of Charles II, the Article XIII of the Treaty of Utrecht, the oath in Court of Philip V, the Catalan constitutions, Barcelona’s capitulation and war practices and customs. }  Catalonia is being subjected to institutional segregation for reasons of identity. §  2625/XXV resolution of the UN General Assembly in 1970 recognized the right to self-determination in the case of colonial domination and racial domination and foreign domination. §  Catalonia fits in the third case, as there still survive immigration prohibitions that prevented Catalans to freely exercise the Spanish citizenship within state institutions. 11

The independence of Catalonia and the UE. International Law Legitimacy }  }  }  }  Spain does not treat Catalonia and the Catalans as fellow countrymen of other Spaniards, but as enemies. They make war from all areas (cultural, linguistic, on media, blocking our economy ...). They can not say they consider us Spanish people when Catalans participation in the upper levels of the central administration is merely testimonial. There is no possible justification to the fact that just 4% of Spain’s ministers, since the transition, were Catalan. We have cero presence in the State Council, and other bodies exercising the core of state’s sovereignty. §  3% diplomats §  4% judges §  as a whole it tends to 0.5% at most. 12

The independence of Catalonia and the UE. International Law Legitimacy }  The so called Spain, is actually the continuation of the Crown of Castile, but under another name. }  The Royal Dynasty, courts, the legal system, the judiciary, state’s language, everything, absolutely everything (except the flag), comes directly from the Crown of Castile. §  In the nineteenth century, the Catalan representatives in Parliament had to sit at the very end of the hall, in the last row, behind the representatives of Cuba, Puerto Rico and the Philippines. §  This is the place for Catalonia in the Castilian’s Spain. }  And this happens at all levels, in business, Spanish sports federations... We are simply an object of persecution for identity reasons (crime against humanity by the Rome Statute of the International Criminal Court) 13

Fundamentals of the dissolution of Spain }  The annexation of the Catalan-Aragonese Crown is Spain’s constituent act. §  The restoration of the historic sovereignty of the Principality of Catalonia dissolves it. }  Spain’s unitary conception: §  In a comprehensive and federal state, a possible secession would not mean the dissolution of the State. §  Unitary state: makes the secession impossible within the constitutional ruling. Dissolves the sovereignty unit. }  The uniform conception of Spanish identity: §  Catalans are not considered a distinct entity by the Spanish law (we only have civil vicinity). §  Only one nationality, one identity is recognized: Spanish (Castilian). 14

Fundamentals of the dissolution of Spain }  The territorial organization of the State: §  Territorial continuity (unlike American colonies) §  The territoriality of the capital does not imply ownership of sovereignty §  The secession of Catalonia, by itself, is not able to dissolve the Spanish state (16% population) §  Same reasoning: no autonomous region has enough weight to be the only State’s continuator §  Art 78 of Spain’s Constitution forbids the federation between autonomous regions §  Dissolution: self-determination exercise for all Spain’s peoples (and right to decide new political binds) }  The dissolution of the Spanish Crown: §  The reversal of royal titles pertaining to Catalonia overturn Art. 56 of the Spanish Constitution as a symbol of unity and permanence. 15

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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