CATALONIA’S POST REFERENDUM OPTIONS

According to the Catalan government, preliminary results showed that 90% of people cast their ballots in favour of independence. A total of 2.26 million Catalans – 42% of the region’s 5.3 million eligible voters – are said to have taken part in the referendum.

In the next few days, the results of the referendum will be sent to the Catalan parliament. The law passed by the Catalan parliament last month backing the vote, while declared invalid by the Spanish courts, says the government should declare independence within 48 hours of a Yes vote, regardless of turnout levels.

Options for Catalonia

1. The Catalan parliament makes a unilateral declaration of independence, saying that Catalonia is from that moment a de facto independent state. Some institutions are already in place for independence, according to Catalan officials: the Catalan government has been ramping up staff at its tax agency in Barcelona, for example. A unilateral declaration of independence will probably force the government of Mariano Rajoy to use article 155 of the 1978 Spanish constitution to suspend the autonomy of Catalonia. The article has never been used; to do so would take Spain into uncharted constitutional territory.
2. The Catalan government declares  that Catalonia now has the “right” to independence and that it will start a period of talks with the Spanish state and the EU about the next steps. But the Spanish government will refuse to talk about independence.
3. The Catalan government uses the momentum of the vote to call new regional elections, seeking a stronger mandate ahead of talks on independence.

Note

The Parliament of Catalonia is the representative body of the people of Catalonia and comprises a single chamber 135 members or deputies, who are elected every four years. It is the Generalitat's most important institution and is the legislative body upon which other institutions depend.

The executive power is the President of the Generalitat of Catalonia, who is elected by Parliament and appointed by the King of Spain. The President is highest representative of the Generalitat and the Spanish State in Catalonia and consequently, enacts the law in the name of the king. At the same time, the President is the head of government in Catalonia and directs and coordinates the Exective Council, which is responsible for government as well as appointing ministers and presiding government meetings. 

The Executive Council includes the President of the Generalitat, a Vice President of the Government and Minister of Economy, approved by the Parliament of Catalonia. The various Ministers (Minister of Governance, Public Administrations and Housing, Minister of Foreign Affairs, Institutional Relations and Transparency, Minister of Presidency, Minister of Business and Knowledge, Minister of Education,  Minister of Health, Minister of Home Affairs, Minister of Planning and Sustainability, Minister of Culture, Minister of Agriculture, Livestock, Fisheries and Food, Minister of Social Welfare and Family, Minister of Justice, Secretary of the Government and the Government Spokesperson are also appointed by the President of the Generalitat. Ministers need not be deputies in the parliament, as they have an automatic right to intervene in parliamentary debates. Serving members of the government may not be arrested for any acts committed in Catalonia, except in flagarnte delicto, and may only be judged before the Superior Court of Justice of Catalonia or the Criminal Chamber of the Supreme Court outside of Catalonia.

According to Article 95 of the Statute of Autonomy, the Tribunal Superior de Justícia is Catalonia's supreme Judicial body and its powers include controlling the procedures of the various Catalan laws and applying the rights recognised in the Statute. It currently has jurisdiction over civil, administrative and social laws and it is one of the bodies, whose powers were severely restricted in the amendments to the Estatut that came into force in 2010. The Catalan judicial system is overseen by the Consell de Justícia or Council of Justice of Catalonia, which also has much less power than its Spanish equivalent.

At a local level, towns are run by municipal councils but unlike the rest of Spain, since 2006, Catalonia is no longer divided into provinces but rather into the traditional vegueries and comarques. The municipalities have a great deal of autonomy whilst the vegueries are intermunicipal bodies similar to English county councils and are used by the Generalitat to administer services. Both the municipalities and vegueries are represented by the Council of Local Government within the Generalitat. Comarques are slightly smaller local regions and are formed by municipalities grouping together to provide services.