PSOE and Junts formalized an agreement on Thursday that will facilitate the next inauguration of Pedro Sánchez. The pact includes the adoption of an amnesty law for all those prosecuted through the process, as well as a negotiating table attended by both parties with an international auditor and which addresses two issues: the incorporation of Catalonia into Spain and the financing of the autonomous community. This is the full official text of the formal agreement signed by both groups and an analysis of its key points.
The agreement
The Spanish Socialist Workers’ Party and Junts per Catalunya confirm that the current political situation makes it possible to reach an agreement to open a new stage and contribute to the resolution of the historic conflict over the political future of Catalonia, even starting from different points of view and one Dynamics developed for its solution. in different terms than in the last legislative period and seek the ability to govern during the 15th legislative period, taking into account the composition of the Cortes Generales resulting from the elections of July 23, 2023.
1. Background
In recent years, an important part of Catalan society has taken part in a major mobilization for independence. This period cannot be understood without the Constitutional Court ruling of 2010, which essentially followed an appeal by the PP against the statute approved by Parliament, the Cortes Generales and in a referendum.
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With the adoption of a new statute, the Catalan society that supported it sought both the recognition of Catalonia as a nation and a solution to the limitations of self-government and the accumulated deficits. Claims and demands with a deep historical background, which have taken different forms since the abolition of Catalonia’s constitutions and secular institutions through the New Investment Decrees. Claims in which linguistic, cultural and institutional issues have played a prominent role, particularly at times when they have been subject to strict legal restrictions and even bans or active persecution. The historical and political complexity of these issues has led to a relevant part of Catalan society not feeling identified with the current political system in Spain.
The TC’s decision in 2010 resulted in Catalonia now being the only autonomous community whose statutes were not fully voted on by its citizens. In response, there was a large protest demonstration and since 2015 there have been repeated absolute pro-independence majorities and massive pro-independence mobilizations in parliament in successive regional elections. During this period, various proposals on tax issues were adopted by Parliament and the Catalan Government, as well as the request to transfer responsibility for approving referendums or organizing a consultation under the protection of an autonomous law. Unfortunately, the governments of the time were not in favor of political negotiations and none of these proposals, which arose out of loyalty and the current legal framework, were taken into account.
The main proposals of the Catalan government before the start of the independence drive with the 2014 consultation came from Artur Mas, who demanded from the then President Mariano Rajoy a privileged tax treatment for Catalonia, similar to that which the Constitution protects for Euskadi and Navarre. . Rajoy rejected the proposal and the Catalan government, which had enormous financial difficulties even paying its civil servants’ salaries, promoted initiatives outside the legal framework, convening the 2014 consultation and finally the illegal 2017 referendum, both of which were rejected by the Constitutional Court were cancelled.
After these events, the Catalan institutions initially supported a referendum on November 9, 2014 and later an independence referendum on October 1, 2017 – both suspended by the TC and later canceled – with massive participation in favor of Catalan independence. The government’s attempt to prevent the referendum Images emerged that touched us all within and beyond our borders.
All this led to the adoption of Article 155 of the EC Treaty, which decreed the dissolution of Parliament, the dismissal of the Catalan government and the early calling of new elections, which once again gave the pro-independence parties an absolute majority. And as a result of these events, several legal disputes have been initiated, many of which remain unresolved and affect a large number of people.
These court cases had relevant political implications, as did various resolutions of international organizations such as the Working Group on Arbitrary Detention, the United Nations Human Rights Committee, the Court of Justice of the European Union, the European Court of Human Rights or the Parliamentary Assembly of the Council of Europe.
The background chapter that cites the agreement between PSOE and Junts to facilitate the inauguration of Pedro Sánchez, guarantee the future stability of his government and promote an amnesty law that erases the crimes of hundreds of Catalan independents, including the majority of the Catalan executive government chaired by Carles Puigdemont tells a story of events full of forgetfulness.
The two parties that signed the agreement avoid pointing out that many of the political independence actions have been banned and declared illegal by judges. They only remember that the referendum of October 1, 2017 was canceled by the Constitutional Court. The PSOE, one of the signatories of this agreement, opposed these political measures of the Catalan government, although it does not remember this in the text now signed, nor that it supported the use of Article 155 to intervene by the Catalan Generalitat. Nothing is said about the decision of the Supreme Court of Catalonia to order the Mossos to close the polling stations to prevent the consultation from taking place, nor about the fact that they ordered the National Police and the Guardia Civil to prevent the opening of the polling stations on Sunday. The police allegations recorded and criticized in the text are attributed to the PP government. According to the Catalan government itself, 5.3 million citizens were called to take part in the illegal referendum on October 1st, but only 2.2 million (43%) took part, of which 90% voted for secession. Nor does the account of events recall the unilateral declaration of independence that Puigdemont made, or that he suspended “its effect” a few seconds later “for the sake of unity and dialogue.”
2. Historic opportunity
This summary of events objectively confirms the profound divergences that existed and led to them A conflict that only politics in a democracy can channel to find a solution, since the underlying problem remains unresolved six years later. And despite the structural discrepancies that exist due to the distance between our national projects, we are ready to enter a new phase in which a political and negotiated solution to the conflict will be sought, based on respect and recognition of the other.
The two parties recognize that there is a conflict in Catalonia, a “fundamental issue that remains unresolved” and that consists in the demand for independence from part of the political class that now has an absolute majority in the Catalan Parliament These parties (ERC, Junts and CUP) received less than 30% of the vote in the last general elections in July 2023 in Catalonia.
PSOE and Junts assume that the result of the parliamentary elections on July 23rd gives them an opportunity that they must and want to use responsibly. The solution must be negotiated and agreed, and therefore it is up to the actors who the polls have given this opportunity to try.
For this reason, PSOE and Junts are committed to negotiations and agreements as a method of conflict resolution and agree to pursue a series of pacts that will contribute to resolving the historic conflict over the political future of Catalonia.
These agreements must comply with the majority demands of the Catalan Parliament, which, according to the Statute (which has the nature of an organic law), legally represents the population of Catalonia.
agreement
The PSOE and the Junts are aware of their deep differences and are aware of the complexities and obstacles of the process they are prepared to initiate. On the one hand, Junts considers the result and mandate of the referendum of October 1st and the declaration of independence of October 27th, 2017 to be legitimate, on the other hand The PSOE denies any legality and validity of the referendum and the declaration and remains opposed to any unilateral action. At the same time, they confirm that important agreements can be reached without giving up their respective positions.
In this part of the agreement, the PSOE highlights the illegality of Catalan independence efforts, which is evident in the background and describes the events in Catalonia. The Socialists deny “any legality and validity of the referendum” and the unilateral declaration of independence, which Carles Puigdemont himself suspended just seconds after its announcement, thereby confirming the result of the consultation annulled by the Constitutional Court. The Socialists reiterate in the agreement their rejection of any unilateral measures, which amounts to measures being taken against them if the Independents try something similar to the illegal October 1 referendum and the Declaration of Independence again. Junts, in turn, considers the result and mandate of the referendum and the declaration of independence to be legitimate, which the courts and the Constitutional Court deny.
In order to reach these agreements, and given the major discrepancies over the final form of conflict resolution, as well as the mutual distrust recognized by both, the PSOE and the Junts have agreed to fend for themselves an international mechanism between the two organizations whose task is to accompany, review and monitor the entire negotiation process and the agreements reached between both formations.
The international review mechanism that failed the first dialogue table between the Catalan independence government and Pedro Sánchez’s executive in 2019 is once again a key element of the agreement that the Socialists reached with both ERC and Junts. The red line that destroyed the first agreement in 2019 has now become a concession from the PSOE to the independents to guarantee the investment agreement.
Within this framework, both parties may need to agree on the following:
• The negotiation methodology is intended to provide certainty to the process, whereby the support, verification and monitoring mechanism provided will advance the negotiation between the parties. In this space, disagreements are negotiated, agreed upon and addressed, as well as any disruptions that arise in the development of the agreements.
• The content of the agreements to be negotiated is based on the aspirations of Catalan society and the needs of its institutions, which are generally divided into two major permanent areas: the overcoming of the deficits and limitations of self-government and the associated national recognition of Catalonia. In this sense and in the first negotiating session, which will take place in November of this year, the following topics will be discussed, among others, but they do not claim to be exhaustive:
o Regarding the scope of national recognition, Junts will propose the celebration a self-determination referendum on the political future of Catalonia, protected by Article 92 of the Constitution. For its part, the PSOE will defend the far-reaching development of the 2006 Statute through the relevant legal mechanisms, as well as the full development and respect of the institutions of self-government and the institutional, cultural and linguistic uniqueness of Catalonia.
Independence versus autonomy. The agreement between PSOE and Junts assumes the opening of a dialogue on the future of Catalonia, thereby recognizing the enormous distance that separates the two parties regarding the political solution to the conflict. Junts defends holding a self-determination referendum again, which is “protected by Article 92 of the Constitution”. Numerous lawyers and the Constitutional Court itself have pointed out that Article 92 cannot protect the secession referendum. Meanwhile, the PSOE concedes the possibility of negotiating an extension of the self-government that Catalonia already enjoys through its 2006 statute, the same one that the Constitutional Court struck down after declaring 14 of its 245 articles unconstitutional.
o And in the area of deficits and limits of self-government, Junts will first propose an amendment to the LOFCA [Ley Orgánica de Financiación de las Comunidades Autónomas] which introduces an exception clause for Catalonia, recognizing the uniqueness of the Generalitat’s institutional system and allowing the transfer of 100% of all taxes paid in Catalonia. And the PSOE, for its part, will support measures that allow financial autonomy and access to the Catalan market, as well as a unique dialogue on the impact of the current financing model on Catalonia. This section also covers the essential elements of a plan to facilitate and promote the return to Catalonia of the headquarters of companies that have relocated to other areas in recent years.
• The amnesty law, to ensure full political, institutional and social normality as an essential prerequisite for overcoming the challenges of the immediate future. This law must involve both those responsible and citizens who were the subject of decisions or legal proceedings relating to these events before and after the 2014 consultation and the 2017 referendum. In this sense, The conclusions of the investigative commissions set up in the next legislative period will be taken into account when applying the amnesty law to the extent that situations may arise within the framework of the concept of the administration of justice or the juridification of politics, the consequences of which may lead to liability claims or changes to the law.
The text of the agreement states that the aim of the future amnesty law is to “ensure political, institutional and social normality”, recognizing that the current situation in Catalonia is characterized by political, institutional and social anomaly. The agreement clarifies that the amnesty applies to all citizens and politicians who are prosecuted (convicted, prosecuted or charged) for events related to the illegal 2014 consultation calls and the 2017 referendum.
Of other independence supporters accused of corruption or money laundering, who have nothing to do with the “Procés”, but whom the Junts negotiators consider to be victims of fake actions by the judges (what they call “lawfare”), the text of the Agreement that their cases will be investigated in committees of the House of Representatives in order to determine (the parliamentarians) whether the affected independentists have been victims of alleged legal persecution. Once this conclusion is reached, the wording of the agreement suggests that legal reforms could be approved. The first reading of this text does not clarify whether these cases will also be granted amnesty and how the legal text will contain this. The PSOE published an argument to respond to criticism from judges’ associations after learning of the wording of the agreement: “Parliament will under no circumstances carry out a review of a judgment or judicial decision. Parliament will not monitor.” The judges: “That was not agreed and could not have been agreed.”
• The expansion of Catalonia’s direct participation in European institutions and other international organizations and bodies, particularly in matters that have a particular impact on its territory.
• The inauguration of Pedro Sánchez with the approval of all Junts deputies.
• The stability of the legislature, subject to progress and compliance with the agreements resulting from the negotiations in the two permanent areas mentioned in the second point.
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