Catalonia has broadened still
further the majority favourable to the exercise of the right to decide her
future through the democratic institution that best reflects the will of the
people: Parliament. The figures are overwhelming, well over two thirds. 104 MPs
in favour, 27 against and 3 abstaining.
The result is clear, whether here in
Europe or in China. There is no doubting the wish of the people in Catalonia,
expressed through their elected representatives. The democratic legitimacy is
resounding. Yet from Spain they reply with a legal stonewall. In Brussels, Mr.
Rajoy has repeated the same old argument: what is not contemplated in law
cannot even be put forward. You can speak about anything, but not anything
outside the law.
This fallacy that sometimes makes us
doubt must be laid bare. What they are basically saying is that they are really
very sorry, but nothing can be done about it. If the Constitution is strict it
is not their fault. To sum up, the referendum cannot be held even if they
wanted to.
This legal wall would be
insurmountable if it weren't a lie. We are not facing a legal obstacle but a
political one. There is a clear procedure in the Spanish Constitution which is
applicable to the Catalan case: Article 150.2 asserts that “the State may transfer or delegate
to the autonomous communities, by means of an
organic law , those
powers corresponding to the State”. In point of fact, this has been the British solution in the case of
Scotland. London has invested in Edinburgh the power to call referendums, doing
so exceptionally and transiently, while establishing that the power shall
return immediately to London once the referendum has been held.
Madrid cannot come to us saying that
the referendum cannot be held because it is a State power. It is a political
decision. If there really is a will to dialogue and agree, Article 150.2 must
be put forth. Spain knows this. Not in vain has Alfonso Guerra
declared the article should be
repealed.
Germà Capdevila
@gcapdevilaJournalist. Editor of digital magazine Esguard. Also contributes regularly to newspapers El Punt Avui, El 9 Esportiu, Presència and Catalonia Today.
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