The Spanish Constitutional Court Confronts Catalonia's 'Right to Decide' (Comment on the Judgment 42/2014)

• Autores: Víctor Ferreres Comella
• Localización: European Constitutional Law Review, ISSN-e 1574-0196, Vol. 10, Nº. 3, 2014, págs. 571-590
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Dialnet Métricas: 7 Citas
• Resumen

  • On March 25, 2014, the Spanish Constitutional Court rendered an important decision (Judgment 42/2014) on a resolution that had been passed by the Catalan parliament on 23 January 2013.1 The parliamentary resolution basically proclaimed that the Catalan people is sovereign and has therefore the right to decide its future. The Courts opinion needs to be understood in the context of the current political developments in Catalonia. It is important to note, by way of introduction, that Spain is a quasi-federal polity. The Constitution of 1978, enacted after the end of Francos dictatorship (1936-1975), established the framework for a process of devolution of power that has made it possible for all the territory of Spain to be divided into 17 self-governing units called Comunidades Autnomas. Each Community has its own regional parliament and government, which exercise significant political power. Catalonia, together with the Basque country, is the region that has traditionally had the strongest nationalist sentiment, and has historically struggled most intensely in favor of autonomy. In 1979, Catalonia achieved self-government through the passage of a Statute of Autonomy