The President of the Catalan cultural and civil organization Òmnium Cultural, Jordi Cuixart, calls on the Catalans to “fill the ballot boxes” with pro-independence votes in the February 14th elections in response to the ongoing Spanish “state operation” against the pro-independence movement.
Jordi Cuixart affirms that the political prisoners are not “the visualization of any defeat but a further step towards victory” and also recalls that exiles continue fighting “to defend the ideals” that forced them to leave Catalonia.
“We will continue to defend the right to self-determination and the right to live in a Catalan republic of free citizens,” Cuixart says, adding that “enough is enough” in reference to political courts. “The solution to the repression will come neither from pardons nor from reforms of the penal code. We demand amnesty: there are more than 2,850 being repressed. We will not abandon anyone,” Cuixart insists.
Cuixart also calls for “a strong government” to defend amnesty and the right to self-determination, and assures that “we will do it again [exercise the right to self-determination like in 2017]. We will always obey our conscience in the face of unjust laws, in defense of the violated rights and freedoms of people,” he says, calling for them to be “united, standing and on the street.”
Spain’s National Heritage spends half a million euros per year on the maintenance of three swimming pools for the Royal House, according to revelations published by elDiario.es.
The 500,000 euros per year are spent on tasks such as daily cleaning of filters and hygienic control of water quality of the three swimming pools. The contract was awarded to Multiservicios Tecnológicos SA, which specializes in installations, air conditioning and cold rooms. In addition, 240,000 euros must be added for the maintenance of the building and its premises by the company Teodoro SA, cleaning tasks for the palace costing 893,000 euros and forestry services for the Palau del Pardo costing 140,000 euros.
However, these are not the only expenses that have been charged to National Heritage that are linked to the monarchy. This body, linked to the Ministry of the Presidency, has also paid for the compensation for the unfair dismissal of the crew of the yacht Fortuna, which former King Juan Carlos enjoyed until he decided to sell it; the maintenance of the house where his ex-lover Corinna Larsen was staying in Madrid, the insurance for the various luxury cars she received as gifts and the staff and security that accompanies the former King in Abu Dhabi.
In total, the Spanish monarchy costs taxpayers almost €2 million extra than the €8.4 specified in the state budget approved by Congress for this year.
On Wednesday, the Spanish “Socialist” Party (PSOE-PSC) once again blocked the creation of a commission of investigation into Juan Carlos, Spain’s former king’s illicit accounts. This came after the lawyers of Spain’s Congress endorsed such an investigation for the first time, contrary to what they had done before.
PSOE/PSC joined forces with the far-right Vox and the right-wing PP in the Congress Bureau in order to block the admission of the request to investigate the emeritus king in the chamber. It is a procedure that so far has not passed any similar request and that allows the issue to be raised in the Congress.
The request for the creation of a commission of investigation by Podemos argues that the facts to be investigated are subsequent to the abdication of the former monarch, and therefore the criterion of inviolability cannot be applied to him.
Minister of Health Salvador Illa
Spain’s Minister of Health Salvador Illa recently announced his presidential candidacy for PSOE/PSC in the next Catalan election, saying he will call for the formation of a new progressive government if he won the election. But the refusal of his administration to allow an investigation into the alleged corruption of the Spanish monarchy shows once again that his progressive rhetoric is just populist, not real, aimed at manipulating the public opinion to reach power by any means.
If this last episode of failure by this minister and his administration to be progressive is not enough to open people’s eyes, it is important to remember that he, himself, and a number of his colleagues also attended several demonstrations in Catalonia organized by the far right organization Societat Civil Catalana (SCC), some members of which have direct links with neo-Nazi squads.
Therefore, Illa’s victory in the next Catalan elections would be a victory of reactionaries, who if able to form a new government, would have a carte blanche to dismantle any sign of progress across the country.
The UN Special Rapporteur on Torture, Nils Melzer, says that is problematic if states do not follow UN recommendations in reference to the Spanish State’s failure to comply with the resolution of the Working Group on Arbitrary Detentions calling for the release of Catalan pro-independence political prisoners.
The annual report of the Working Group on Arbitrary Detentions of the UN, released in September, already recalled that Spain had not implemented its request to release seven of the nine Catalan political prisoners: Jordi Sànchez, Jordi Cuixart, Oriol Junqueras, Quim Forn, Josep Rull, Raül Romeva and Dolors Bassa.
The president of the UN Group, José Antonio Guevara, also insisted on the release of those seven political prisoners in the past and asked not to divert attention from this request, which he believed was “a most important issue.”
The defense of jailed Catalan leader Oriol Junqueras is preparing an appeal in the General Court of the European Union (EGC) against the decision of the European Parliament to exclude him as Member of the European Parliament (MEP). Precautionary measures will be required for the EGC to suspend the decision of David Sassoli, President of the Euro-Chamber, and the court will have to determine whether to accept it within a few hours after the appeal is presented.
The General Court of the European Union (EGC) is a constituent Court of Justice of the European Union (CJEU). It hears cases against institutions of the European Union by individuals and member states.
According to article 263 of the Treaty on the Functioning of the European Union (TFEU), any citizen can file an appeal against the acts of European institutions that directly affect him/her. The procedure for this appeal may take several months, but the precautionary measures will be pronounced immediately, a few hours after the petition has been registered. The EGC could accept or reject them. If they are accepted, the European Parliament will be obliged to recognize Junqueras as an MEP again.
The parallel route to the ECJ
In parallel with the appeal to the EGC, Junqueras’ defense will file an appeal against the Spanish Supreme Court’s decision to keep him in prison. If this move fails, Junqueras’ defense will appeal to the Spanish Constitutional Court for violation of his political and constitutional rights. The next and final step would be to appeal to the European Court of Human Rights (ECHR).
On Monday, the news that the exiled and jailed Catalan leaders Carles Puigdemont, Toni Comín and Oriol Junqueras will be allowed to take up their seats as Members of the European Parliament (MEPs) caused immediate political turmoil in Spain. The European Parliament officially announced that it will recognize the Catalan leaders as MEPs through a communique during the morning. This decision came after the European Court of Justice ruled on December 19 that the Catalans leaders have immunity.
While Catalan authorities celebrated the EU Parliament decision, the Spanish far-right and the right-wing, which had been attempting to prevent them from becoming MEPs, accused the EU Parliament of violating Spanish sovereignty and suggested that there had been an under the table agreement between the EU authorities and pro-independence forces, though no evidence was presented.
Regarding Spain’s Electoral Authority’s decision on barring Catalan President Torra from office and to veto Junqueras from becoming MEP despite the European Court of Justice immunity ruling, Torra said he was “proud that both the Catalan Parliament and the EU Parliament had disregarded Spain’s electoral Authority.”
Puigdemont’s lawyer, Gonzalo Boye, first tweeted a prompt “mission accomplished.” Later he demanded also the annulment of the trial over the 2017 independence referendum because “the trial shouldn’t have taken place due to Junqueras’ immunity.”
Junqueras’ lawyer, Andreu Van den Eynde, called for his client’s release: “Junqueras is an MEP. He has parliamentary immunity. He must be released to be able to go to the European Parliament.”
Spanish far-right and right-wing reaction
The three main unionist parties, Ciutadans (C’s), People’s Party (PP) and the far-right Vox asked the EU Parliament to revoke its decision recognizing the Catalan leaders as MEPs.
The spokesperson of the PP in the EU Parliament, Dolors Montserrat, accused the EU Parliament President, Sassoli, of an under the table agreement with those seeking Catalan independence. In a letter, Montserrat also recalled that the Spain’s Electoral Authority (JEC) ruled that Junqueras cannot be an MEP because he has been convicted by the Supreme Court. She also defended that the JEC is a “legitimate and competent” body in Spain.
The head of Cs’ delegation to the European Parliament, Luís Garicano, called on the chamber’s president, David Sassoli, to “revoke” and “reconsider” as well as to take into account the Spanish electoral authority veto. Garicano also announced that his party had already appealed the decision.
The head of the People’s Party in Spain, Pablo Casado, criticized the Socialist government’s “inaction” on the matter and called on Sassoli to “revoke his decision on Junqueras, who has been sentenced and barred from office for sedition and misuse of funds.” He also added that his party would “always defend Spanish institutions and respect for the law.”
The leader of the far-right party Vox, Santiago Abascal, accused Brussels of “trampling over Spanish sovereignty” and said that “the enemies of Spain in Europe want to take advantage of us having a treacherous prime minister to weaken our nation further.”
On Thursday, the National Council of Esquerra Republicana de Catalunya (ERC) decided to facilitate Sánchez’s investiture and thus a PSOE-Podemos coalition government in Spain.
ERC emphasized that, in the party’s opinion, “recognition” of the existence of the Catalan conflict by PSOE has been achieved and, therefore, now is the time to take the “political path” through negotiations, not started by the Republican party, but “by the Government of Catalonia, as a country” and that, if the Spanish government of PSOE and Podemos deceives them once again, it will be the last time.
The agreement between ERC and PSOE includes a negotiating table during this legislature and a vote on the agreements.
Podemos and PSOE announced earlier this week that the negotiations would always take place within the Spanish Constitution, which would exclude the right to self-determination of the Catalans.
The investiture session of Pedro Sánchez is set to take place between this morning and Tuesday.
Reaction of Pro-independence Organizations and Parties
President Torra told Vice-President Aragonès on Thursday morning that the ERC/PSOE agreement does not have the approval of the Catalan government and that the executive will not take responsibility for it. The President understands that this is an agreement between parties and that any agreement with PSOE should “include the right to self-determination of Catalonia.”
The far-left party CUP also rejected the agreement, assuring that “it is far from resolving the Catalan conflict.”
The ANC warned that the agreement could lead to a second failed transition. Its President, Elisenda Paluzie, also said that “it could make the Catalan conflict become an internal matter in the eyes of the international community.”
JxCat affirmed that “it is an agreement between two political parties: ERC-PSOE, not the Catalan and Spanish governments.”
Democràtes party rejected the agreement and announced that they will decide in assembly on January 13 whether to abandon the ERC parliamentary group.
Numerous CDRs also announced their rejection and discontent with the agreement on social media.
ERC risks big losses in the next Catalan election, which is likely to take place in the next few months, if the negotiating table with PSOE does not yield immediate results on a self-determination referendum and the release of jailed Catalan leaders.
The ruling of the EU Court of Justice on Junqueras’ immunity last week caused a political earthquake in Spain. The ruling, which is binding, stated that all candidates become members of the European Parliament (MEPs) and have immunity at the very same moment the results of the European elections are published by national authorities of each state member. This decision means Junqueras should be released immediately and his judgment on the 2017 independence referendum annulled and that exiled Catalan leaders Carles Puigdemont and Toni Comín can no longer be extradited nor detained in the euro-zone.
There is however a mechanism that the Spanish Supreme Court could activate if it still wants to prosecute the Catalan leaders, the supplicatory which is based in asking the European Parliament to withdraw the Catalan leaders’ immunity. This procedure, which lasts for several months, would internationalize the Catalan cause to levels never before seen. It would be like a trial on the Spanish Supreme Court, which would provide relevant evidence, clarification and information on the situation of Catalan exiles, as well as the Catalan conflict.
According to Article 9 of the EU Parliament regulations, the competent authority of a Member State, that is, the Supreme Court, can request the President of the European Parliament a petition to suspend a MEP’s immunity. If accepted it is transferred to the legal affairs committee of the Parliament.
There are no deadlines to resolve these sorts of cases, though EU regulation specifies it should be done “as soon as possible.” The legal affairs committee has to issue a recommendation after analyzing the specific case that will eventually be voted on by the plenary.
During this process, the EU Parliament could ask the Spanish Supreme Court “for all information and clarifications it deems necessary to form a criteria” as to whether or not immunity is needed. The MEPs affected, in this case, Junqueras, Comín and Puigdemont, could also take part in the commission to provide further information and defend themselves. The rest of the sessions would be behind closed doors.
Once the committee elevates a proposal to the plenary, it would be debated and voted on during the next EU Parliament plenary session. No amendments could be tabled, but the plenary would have to discuss publicly the reasons for and against the decision rendered on the petition. The Catalan cause and the judgment on the 2017 independence referendum would have extraordinary international visibility.
If the Plenary finally agrees on withdrawing the immunity of the Catalan leaders, the President of the Chamber would notify the Spanish Supreme Court. This, however, doesn’t mean that they would lose their credentials as MEPs, but that the EU chamber allows three of its members to be tried in a country that claims jurisdiction over them. The Spanish Supreme Court would then need to get their extradition; otherwise, the whole procedure to revoke the Catalan leaders’ immunity would have been useless.
The Catalan government (JxCat-ERC) and Catalunya en Comú Podem have reached an agreement on the 2020 Catalan budget on the part of the spending plans relating to income. The agreement includes drop inincome tax for people on the lowest wages, and an increase for those on higher incomes. The inheritance and wealth taxes will also be modified, and a new tax on energy companies will also be introduced.
The deal establishes that taxes on the lowest earners will drop significantly. Almost half of the salary of those earning less than €12,450 a year will be exempt from income tax.
Those on higher incomes, however, will pay more: those earning between €90,000 and €120,000 a year will pay 23.5%, while those earning between €120,001 and €175,000 will pay 24.5%.
These measures will provide an extra 543 million euros a year to the income for the Catalan government.
Except when it comes from a spouse and when the inherited amount doesn’t reach €500,000, the discounts in the tax will now be lowered progressively as the amount inherited increases.Thus the discount will be 60% for those inheriting up to €100,000, and no discounts will apply for those receiving more than €3 million.
New ‘green’ tax
This tax will affect power companies producing, distributing and storing energy, but those operating with renewable energies will be exempt.
Other taxes will be payable by owners of empty flats and producing canned sugary drinks to reduce the consumption of such soft drinks.
The Catalan government-Catalunya en Comú Podem agreement is only for the part of the budget relating to income. Both sides will continue to hold talks in the coming days and weeks, in order to try to find consensus on the budget’s section on spending.
The new governing body of the High Court of Justice of Catalonia (TSJC) has become more conservative.This happened when the Conservative Professional Association of the Magistracy (APM) won the November 26th elections to the High Court by obtaining six of the seven positions at stake.
The conservative association achieved the control of the Government Chamber with a total of 524 votes cast, the APM celebrated it with a message which emphasized that its “commitment is firm in the defense of the professional interests of peers and the rule of law.”
The new magistrates that enter the plenary of the TSJC and took office on Tuesday are Maria Eugènia Alegret Burgués, Patricia Brotons Carrasco, Juan Francisco Garnica Martín, Elena Campos Martín, Patricia Batlle Ferrando, Joaquín Elias Gadea Francés and Montserrat Comas de Argemir Cendra. Their mandate will last for 5 years.
The new composition makes the TSJC more conservative.Only one progressive magistrate, Montserrat Comas, of Judges for Democracy was elected. The rest of the magistrates are part of the APM.
The body is formed of 15 members: the president of the TSJC, the presidents of the social section and the contentious administrative section of the TSJC, the presidents of the four provincial gatherings and the jury dean of Barcelona.The other 7 members are elected,directly by judges and magistrates, and renewed every 5 years.
In this regard, the President of the TSJC, Jesús Maria Barrientos, admitted that “the system of assignment of positions can suggest the need for some correction that provides for a better reflection of the plurality of the race,” referring to the members that are not voted, but designated by law.
In a speech almost entirely in Spanish, Barrientos criticized the pro-independence movement for what he considers “a criminal” process executed by leaders seeking independence.Barrientos also thanked all the judges and magistrates in Catalonia for their commitment to “being responsible for the management of an adverse environment at various levels, and also at the constitutional level overcoming difficulties with great generosity and a high institutional sense of worth.”