Moment 6.- The years 2014- 2016 Towards the self-determination Referendum

Catalan MonitorHistory, Special Report

The attempt at dialogue between the Catalan government and the Spanish government goes through several stages that go from the presentation by President Mas of 23 concrete proposals that speak of financing, competences, infrastructures and language and culture (07-07-2014) until the presentation by current President Puigdemont of 46 concrete proposals (04-20-2016). All proposals are neglected, without receiving any response.
At the same time, as from 2012, 18 times legal paths (from the Spanish Constitution’s point of view) are proposed to the Parliament of Spain to facilitate the convening of an agreed referendum: most important are the event on 07-24-2012, and again in October 2012; on October 8, 2013 and in the National State debate in the same 2013. The most prominent proposal came on April 8, 2014 when three MPs, representing the top parliamentary leaders of CDC-CIU (Jordi Turull), ERC (Marta Rovira) and ICV-USA (Joan Herrera) went to the Spanish Parliament and formally proposed, in a solemn session, the possibility of carrying out a referendum on the future of Catalonia through the application of article 150.2 of the Constitution; The proposal is widely rejected by 299 votes out of 350 MPs. The subject of the agreed referendum is repeated over and over again in the form of oral and written parliamentary questions from ERC, the new PdCAT (ex-CDC-CIU), the Basque group Amaiur; the answer is always a complete refusal and a defense of a very restrictive reading of the Spanish Constitution, obviating the 5 constitutional paths that the experts pointed out: article 92.1 of the EC; Consultation Law for the referendum passed by the Catalan Parliament in 2010, covered by the TC but in force; transfer or delegation of functions of the State provided for in article 150.2 of the EC; Law of non-referendary consultations based on article 122 of the Statute; Constitutional reform that expands article 92 by introducing an incentive to contemplate autonomous consultations when it comes to taking “political decisions of special significance”. None of these routes have been considered by the Spanish government and Parliament.

The will to carry out the referendum continues and in September 2014 the Parliamentary Law is passed in the Non-referendum Popular Law and other forms of participation (106 in favor, 28 against) and President Mas signs the call for consultation (27 -09-14), a call that is immediately suspended by the TC and replaced by the Catalan government for a question posed as a non-binding participatory process, which is carried out (09-14-14), although the Spanish government and the TC are opposed to it without using force to avoid it. The result is that, despite the prohibitions and fear that the Spanish State wanted to spread, they will vote 2,305,290 people (37.02%) on a total of 5,510853 possible) by answering a double question: Do you want Catalonia to become a State? (Yes / NO) If so, do you want this State to be independent? (Yes / NO): 80.91% Yes-Yes; 10.02% Yes-No; 0.97% Yes / blank; 4.54% NO. This participatory process was considered a very important success and the government of the state tried to first show its contempt for and mock the action and then decided to prosecute and punish President Mas, Vice President Ortega and Education Minister Rigau, those who were considered the main responsible organizers of the consultation.

Once all the channels of a referendum agreement have been closed, the referendum organized by the government and the absolute majority of Catalan parliamentarians is the only way through a Catalan law that establishes it and with the support of civil society, above all in the National Pact for the Referendum (23-12-2016) to which more than 4000 entities and more than 400,000 people adhered. It is the referendum on self-determination convened on October 1, 2017.