Spanish Prime Minister's Erroneus Concepts

On 21.02.2013 the Spanish Prime Minister, Mariano Rajoy, presented the report on the state of the nation to the Spanish Parliament. In the ensuing discussion, when he was asked about the conflict with Catalonia, he said, among other things, "it does no good to deny the Catalans the right to be Spanish and Europeans."

This phrase prompted professor Eduard Sagarra to make a comment. Eduard Sagarra is a professor of international law at ESADE in Barcelona, one of the best known international business schools.

Professor Sagarra believes that even if Catalonia managed to become independent, under the current legislation, there would be no reason for Catalans either to lose the Spanish nationality or to stop being members of the European Union. He makes it clear that his argument is not political but strictly legal and is based on the 1978 Spanish Constitution, the current Spanish Civil Code, and several European treaties, particularly the 2009 treaty on the Functioning of the European Union. His main points, briefly exposed, are as follows.

Catalans, wherever they may live, today are Spanish. If they are already so by birth they are considered (according to article 11.2. of the EEC) as of "Spanish origin", and as such, according to the same article, the Spanish nationality cannot be taken away from them by sanctions. That is, even if they have an additional Catalan nationality. Anything else would be an infringement of the Spanish Constitution.

At the same time, all Spaniards and Catalans are EU citizens with individual rights protected by the European treaties. If Catalans, as said earlier, are of "Spanish origin," they will continue having the right to Spanish citizenship, and they will continue being EU citizens with all the rights and obligations that this entails.

According to Professor Sagarra, Catalans would have the right to have double nationality (according to article 8.3 of the EEC and article 25 of the Civil Code,) like the Portuguese, the Latin Americans, Filipinos, or the descendants of the Sephardic Jews, even if a new treaty between Spain and Catalonia was not drawn up.

One may have one or another view in regard to whether that which is legally correct is also politically attainable. But for Catalans it is very clear that the poor Spanish understanding of what is democracy, includes ignoring the existing laws if they do not fit their political views.

German