The region enjoyed great autonomy until General Franco’s regime, during which its sovereignty was ruthlessly and repeatedly violated. It had been drafted by the President of the Cortes Españolas, Torcuato Fernández-Miranda (including changes that would replace the Cortes Españolas with a Cortes Generales), and supported by Prime Minister Adolfo Suárez and King Juan Carlos. The most important task of the constitution was to devolve power to the regions, which were given their own governments, regional assemblies and supreme legal authorities. [6] Adolfo Suárez's government had lowered voting age from 21 to 18 only three weeks before the referendum, which resulted in a made-up electoral register increasing by over 3 million people compared to the 1977 general election amid technical, administrative and logistical issues. ... Catalonia Signals It Will Declare Independence From Spain Within Days; Anadolu Agency via Getty Images. The Spanish Constitution Article 155 • Within the Constitution of 1978, Article 155 was included to ensure the fulfillment of constitutional obligations by all Autonomous Communities, including Catalonia. Yet Iglesias’s party, once a firm critic of the post-Franco Spanish constitution, has effectively fallen into line behind the PSOE’s own rejection of Catalan self-determination. The drafting of the 1978 Spanish Constitution was the first time in Spanish history that the country's defining text had been decided by a process of consensus and then later approved by the Spanish people at referendum. The Scottish and Catalan flags were seen at the same rallies. Spanish Constitution of 1978 Catalonia Plans To Declare Independence From Spain On Monday BARCELONA/MADRID, Oct 4 (Reuters) - Catalonia will move on Monday to declare independence from Spain following Oct. 1′s banned Will Spain Splinter? Spanish PM Rajoy has remained vague on whether he would use article 155, the nuclear option of the constitution … ... 26 terms. 230 0 obj
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Yet Iglesias’s party, once a firm critic of the post-Franco Spanish constitution, has effectively fallen into line behind the PSOE’s own rejection of Catalan self-determination. The Spanish Constitution of 1978 created the institution of the Ombudsman as «high commissioner» of the Cortes Generales to guarantee the defence and protection of fundamental rights. The Catalan authorities say around 90 percent of those who voted supported a split from Spain. In Spain: Constitutional framework …with 22 abstentions) in October 1978. 241 0 obj
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[7] Interior Ministry officials acknowledged deviations of up to 5.1 per 100 in the electoral census—roughly 1.5 million people according to the National Institute of Statistics—resulting from the absence of an official electoral register and in an overreliance on data from municipal registers. Article 155 of the 1978 Spanish Constitution allows for the suspension of Catalonia's autonomy [Reuters] 27 Oct 2017. Catalan Independence: Spain May Use Constitution to Block Referendum. They supported each other’s causes. annadolezal. According to Article 1 of the 1978 Spanish Constitution, “national sovereignty belongs to the Spanish people from whom all State powers emanate”. December 4, 2017 | Carles Puigdemont, Catalonia, Secession, separatism, Spanish Constitution of 1978. Since then, Madrid has been adamantly opposed to an independence referendum, arguing that it is illegal according to the 1978 Spanish constitution (which … These documents recognise Catalonia as a … The Constitution is politically dead in Catalonia, they often say, because the spirit of the document has not been honored by the Spanish state. Catalonia. 0
Catalonia Plans To Declare Independence From Spain On Monday. Spain's top court has officially ruled that Catalonia's disputed independence referendum was illegal because a regional law that backed it was against Spain's constitution. The Spanish Constitution Article 155 • Within the Constitution of 1978, Article 155 was included to ensure the fulfillment of constitutional obligations by all Autonomous Communities, including Catalonia. h�b```b``�b`f``9� Ȁ �,�@�q�0B��\�%�r&XXȚ�a��b����C�� The question asked was "Do you approve of the Constitution Bill?" After the death of General Francisco Franco, the Spanish nationalist right was exhausted and unable to sustain an authoritarian regime that had isolated Spain from Europe and was rejected by the large majority of the population. The figure is even smaller in the case of PDECat sympathisers (18.7%), ERC (9.4%) and the CUP (5.9%), all of whom are hoping to draft a new Constitution: the Catalan Republic’s. Article 2 of the 1978 Spanish Constitution recognises and guarantees the right to autonomy of the different nationalities and regions, basing the principle on the unity of the Spanish Nation and the idea … The Ombudsman is elected by the Cortes Generales for a period of five years pursuant to the Ombudsman Act of 1981 ( Ley Orgánica 3/1981 ), by which this institution is governed. Spain's top court has officially ruled that Catalonia's disputed independence referendum was illegal because a regional law that backed it was against Spain's constitution. Search. Fathers of the Constitution. Following Franco's death in 1975 and the restoration of democracy by 1978, Catalonia regained its autonomous status and became one of the autonomous communities within Spain. %PDF-1.6
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[8], "Do you approve of the Constitution Bill? CONSTITUTION Passed by the Cortes Generales in Plenary Meetings of the Congress of Deputies and the Senate held on October 31, 1978 Ratified by the spanish people in the referendum of December 6, 1978 Sanctioned by His Majesty the King before the Cortes on December 27, 1978 Madrid says secession is illegal under the Spain’s 1978 constitution. The Spanish region of Catalonia is set to hold a referendum on independence on October 1. The Spanish Constitution of 1978 emerged and so did Catalan as an individual language within Spain, and as the official language of Catalonia (Barcelona's Languages). By Reuters. Not that it would be impossible, but the Constitution would have to be amended for it to happen. the Spanish Constitution of 1978 has been broken by the Spanish authorities. The question asked was "Do you approve of the Constitution Bill?" the Constitution of 1978 does not provide expressly for a referendum of the characteristics noted above, in line with the provisions of Articles 1 and 2 of the Constitution. The natural corollary to deba… Spain’s constitutional court has struck down the Catalan parliament’s motion to begin the process of secession, ruling in record time that the legislation infringes on the constitution. The ruling expressly emphasises that the parliamentary resolution not only violates five constitutional articles, but also two of Catalonia’s Statute, and it slams the arguments of independence supporters by claiming that democracy is not possible outside the rule of law enshrined in the 1978 Constitution. Following the Spanish constitution of 1978, Catalonia created its own Statute of Autonomy in 1979; however, the document had not been updated or revised since then. The Spanish Court Decision That Sparked the Modern Catalan Independence Movement . 332 0 obj
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According to a 2019 survey by the Catalan government, 31.5% of the inhabitants of Catalonia have Catalan as first language at home whereas 52.7% have Spanish, 2.8% both Catalan and Spanish and 10.8% other languages. A constitutional referendum was held in Spain on Wednesday, 6 December 1978, to gauge support for either the ratification or repealing of the Spanish Constitution which had been approved by the Cortes Generales on 31 October 1978. BARCELONA/MADRID, Oct 4 (Reuters) - Catalonia will move on Monday to declare independence from Spain following Oct. 1′s banned. The Catalan government’s own pollster finds that while 70% want a referendum on the territory’s future, only 48% do if Spanish government doesn’t agree—which it emphatically does not. The demands for the recognition of the distinctiveness of Catalonia, the Basque Country and Galicia, within the Spanish State became one of the most important challenges for the newly elected Parliament. Just minutes before, Catalonia had voted to declare independence from Spain. [1][2][3], The new constitution was intended to replace the many constitutional laws of the Franco era, the Fundamental Laws of the Realm, and turn Spain into a constitutional monarchy by removing many of the King's powers. 1978. In a December referendum, the draft constitution was then approved by nearly 90 percent of voters. Castilian is the official Spanish language of the State. Articles 1 and 2 of our Constitution enshrine the principles of national sovereignty , which resides in the Spanish people as a whole, and of national unity, in line with the fundamental precepts of advanced democracies. Its acceptance was not smooth: the right vigorously opposed it, while the nationalists and the left firmly objected leaving it out. The Constitution recognizes the existence of nationalities and regions (Preliminary Title). Learn vocabulary, terms, and more with flashcards, games, and other study tools. The Statute of Autonomy of Catalonia is the fundamental organic law, second only to the Spanish Constitution from which the Statute originates.. constitution passed by the cortes generales in plenary meetings of the congress of deputies and the senate held on october 31, 1978 ratified by referendum of the spanish people on december 7, 1978 sanctioned by his majesty the king before the cortes generales on december 27, 1978 "The Spanish government will continue with the procedures outlined in Article 155 of the Constitution to restore legality in Catalonia's self-government," it said. h�bbd```b``Y"��0)"��@��5�DƪI�
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Referendum. The law provided for the legalization of political parties and a democratic election to Constituent Cortes, a committee of which then drafted the Constitution. The Spanish Constitution establishes the «indissoluble unity of the Spanish Nation» (art. (Spanish: ¿Aprueba el Proyecto de Constitución?). 2), while the «Spanish people» is established as the unique subject of «national sovereignty» (art. The application of Article 155 of the Spanish Constitution Let’s review just a few facts about the present situation in Catalonia. In September 2005, the Parliament of Catalonia approved the definition of Catalonia as a 'nation' in the preamble [10] of the new Statute of … This constitution is based on the indissoluble unity of the Spanish nation. A triumph at the time, Spain’s 1978 Constitution refers to constituent “nationalities,” a compromise that has left the country in a deadlock today. Catalonia’s push for independence is far from new. ", "Referéndum sobre el Proyecto de Constitución", "Electoral Results Consultation. In fact, some of the ACs did not even exist as differentiated entities before the political process countenanced by the Constitution of 1978. These nationalities and regions are left unnamed in the Constitution. Two of Spain’s seven founding fathers, responsible for the country’s current constitution, are of Catalan origin. The application of Article 155 of the Spanish Constitution Let’s review just a few facts about the present situation in Catalonia. The feat of creating a democratic system without breaking the structures of power of the state was made possible by the approval of the Political Reform Act of 1977, passed by the Francoist Cortes as the last Fundamental Law. In 2006, Catalonia decided to create a new statute, which would give the region greater freedom in regards to taxation, judicial proceedings, and the status of Catalan. In response, Madrid invoked something that's been described, alternately, as a … Catalonia was granted the status of an autonomous community in the Spanish Constitution of 1978 and in the Statute of Autonomy of Catalonia of 1979 and 2006. By the way, in Catalonia 91 percent voted in favor of the Spanish Constitution of 1978, about as unanimous as it gets in modern politics. A constitutional referendum was held in Spain on Wednesday, 6 December 1978, to gauge support for either the ratification or repealing of the Spanish Constitution which had been approved by the Cortes Generales on 31 October 1978. PLAY. The 1978 Spanish constitution resulted from an agreement between very diverse ideological and territorial interests. )/8��7�q8�0�i�jo�m� �����
�����tcaf�mx��m`m!������Y����²��BUF,���. Puigdemont claims the Catalan administration is simply acting on democratic grounds, given that more than … Nayler deliberately avoids any mention of the Spanish constitutional framework. Secession is not provided for in that document. The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recog - nises and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all. According to Article 1 of the 1978 Spanish Constitution, “national sovereignty belongs to the Spanish people from whom all State powers emanate”. When the Spanish Constitution was approved by referendum in 1978, 90.5 per cent of Catalan voters supported it, and just 4.6 per cent voted against it. Anadolu Agency via Getty Images. The 1978 Spanish constitution resulted from an agreement between very diverse ideological and territorial interests. 11 Things To Know About Catalonia… %%EOF
December 1978. (Spanish: ¿Aprueba el Proyecto de Constitución?). The region enjoyed great autonomy until General Franco’s regime, during which its sovereignty was ruthlessly and repeatedly violated. Catalonia is an Autonomous Community within the Kingdom of Spain, with the status of historical region in the Spanish Constitution of 1978. Spain has 17 Autonomous Communities and provision for their creation was defined in the 1978 Spanish Constitution, although they actually came into existence as a result of their own Statutes of Autonomy. Yes. The Rajoy government justifies its stance by falsely claiming the 1978 Spanish constitution prevents it from granting Catalonia a Scottish-style referendum. The regional president, Carles Puigdemont, has repeated his determination to declare independence from Spain days after 90% of participants in a unilateral referendum voted for Catalonia to become a separate state. He is due to make a statement on TV at 9pm local time on Wednesday. Speaking to the BBC on Tuesday night, Puigdemont said once the government had a final tally of votes, it would “act at the end of this week or the beginning of next”. When you examine the data, it becomes patently obvious that Catalans do not expect the current Spanish Constitution to provide a fit for Catalonia in Spain. Gabriel Cisneros National totals", "Tribuna | El censo electoral: fundamento de la democracia (I)", https://en.wikipedia.org/w/index.php?title=1978_Spanish_constitutional_referendum&oldid=968398160, Articles containing Spanish-language text, Creative Commons Attribution-ShareAlike License, This page was last edited on 19 July 2020, at 04:26. endstream
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But Madrid denied Catalonia the right to hold a plebiscite because in the Spanish context a referendum would break the Constitution of 1978 – which had itself been agreed on by national referendum in its time. The Statute of Autonomy of Catalonia is the fundamental organic law, second only to the Spanish Constitution from which the Statute originates.. These articles only establish the sovereignty of the Spanish people and the indissoluble unity of the Spanish nation, respectively. Article 3 1. [4], Some Spanish media found up to 30% of irregularities in the census in certain provinces, with many people allegedly being unable to vote while others voted twice. Spain is a consolidated democracy governed by the rule of law, which defends and guarantees the rights and freedoms of all citizens. Such a turn is bad news for all who seek to challenge the political order set up in the transition from Francoism — the “1978 regime” long denounced by Podemos. The constitution declares that Spain is a constitutional monarchy and advocates the essential values of freedom, justice, equality, and political pluralism. In the Spanish Constitution of 1978 Catalonia, along with the Basque Country and Galicia, was defined as a "nationality".The same constitution gave Catalonia the automatic right to autonomy, which resulted in the Statute of Autonomy of Catalonia of 1979. by James R. Conde | After months of secessionist agitation in Catalonia, Spain’s government has called for fresh regional elections to be held on December 21. Start studying Catalonia. Spanish constitution needs overhaul to avert Catalonia crisis. In the Spanish Constitution of 1978 Catalonia, along with the Basque Country and Galicia, was defined as a "nationality".The same constitution gave Catalonia the automatic right to autonomy, which resulted in the Statute of Autonomy of Catalonia of 1979. Article 155 is only two short paragraphs of the 1978 Constitution of Spain. ... A new 1978 national constitution granted Catalonia autonomy again.
The Spanish Constitution of 1978 proclaims the separation of powers, the rule of law, legal security and the prohibition of arbitrary action by public authorities. The constitution grants a … The referendum resulted in 91.8% of valid votes in support of the bill on a turnout of 67.1%. The Catalan independence movement (Catalan: independentisme català; Spanish: independentismo catalán) is a social and political movement with roots in Catalan nationalism, which seeks the independence of Catalonia from Spain, along with some in the movement supporting the independence of North Catalonia from France and that of other Catalan Countries. The state government also finds Spanish Prime Minister Mariano Rajoy said on Saturday he would not rule out using the constitutional powers to remove Catalonia's autonomous ... 1978 constitution. It’s that simple. Article 2 of the 1978 Spanish Constitution states that the constitution "is based in the indissoluble unity of the Spanish Nation (Nación)" while also referring to the "right to autonomy of the nationalities and regions (nacionalidades y regiones)". It seemed logical. 22/11/2017angelaWriter and former Scottish Parliament press officer Alastair Stewart takes a look at the differences between Scotland and Catalonia's independence questions WAS the Catalan vote for independence illegal? "Dual vote" and current affairs. In the Spanish case, a significant part of such context has been shaped by the Constitutional Court. Spanish Constitution of 1978. Such a turn is bad news for all who seek to challenge the political order set up in the transition from Francoism — the “1978 regime” long denounced by Podemos. Spanish Constitution Of 1978. The Spanish Constitution of 1978 proclaims the separation of powers, the rule of law, legal security and the prohibition of arbitrary action by public authorities. The new Spanish constitution of 6th November, 1978, arguably the most liberal in western Europe, heralded a radical transformation from a dictatorship to a democratic government in Spain. When was the Spanish constitution created? 1). The referendum resulted in 91.8% of valid votes in support of the bill on a turnout of 67.1%. Catalonia’s push for independence is far from new. To understand the events that led to the trial, it is important to … The inhabitants of the Aran valley count Aranese–an Occitan dialect–rather than Catalan as their own language. The Spanish Constitution was approved in 1978 by a referendum of all Spanish people. Within this narrative, lots of emphasis is placed on the Constitutional Court’s SPANISH CONSTITUTION 2 Passed by the Cortes Generales in Plenary sittings of the Congress and the Senate held on October 31, 1978; ratified by referendum of the Spanish people on December 7, 1978 and sanctioned by His Majesty the King before the Cortes Generales on December 27, 1978. In fact, the writing of the second article, in which the "nationalities and regions" of Spain were recognized, was the most hotly debated in the Parliament. The fall of Franco revitalized Catalan autonomy under the 1978 Spanish constitution– autonomy which was furthered by a 2006 statute which even described Catalonia as a “nation.” STUDY. After the death of General Francisco Franco, the Spanish nationalist right was exhausted and unable to sustain an authoritarian regime that had isolated Spain from Europe and was rejected by the large majority of the population. 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