Catalonia, Legality, and the Path to Reform: A Contemporary Overview

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Following the preparations for the October 1, 2017 referendum, September 7 and 8 marked a critical five-day window during which the disconnect laws and article 155CE began to reveal the fragility of legality, setting the stage for an illicit plebiscite. The initiation of judicial proceedings in the Supreme Court led to well-known sentences against supporters of the failed venture, signaling the state’s legal response to the upheaval.

Efforts to restore normalcy included legal avenues and exceptional constitutional pathways. The joint support for article 155 from the PP and PSOE—an encouraging sign amid turmoil that political competition could still yield to the general good—illustrates how the system can adapt in crisis. It is notable that the opposition PSOE supported the Rajoy administration at that juncture, highlighting a willingness to cooperate beyond party lines for stability.

Despite the robust legitimacy of the 1978 Constitution, which was broadly endorsed across Catalonia and the entire country, a pro-sovereign faction in Catalonia sought independence by unacceptable means. The path to constitutional reform remains the legitimate route within the Magna Carta, and the properly functioning channels of reform are the only acceptable avenues for change.

The state’s mechanisms operated as designed. After the no-confidence motion against Rajoy on June 1, 2018, a left-led government in Madrid reached an agreement to pardon several key politicians who had organized and led the events. The outcome was achieved without bloodshed. These amnesties were not a surrender to rebellion, as some argued, but rather a demonstration that a firmly established state could pursue accountability while also showing clemency to those convicted. The exception to this is fugitive Puigdemont, who remains abroad in the European arena with limited support or traction from the institutions below. Whether in Madrid or Brussels, attention has shifted away from the urgent questions to the broader questions of legitimacy and process.

Public reaction to these developments was varied. Conservative nationalism and post-Pujolism, initially influenced by Puigdemont and later asserting greater autonomy, continued to pursue sovereignty with a sometimes irrational insistence on pursuing independence within or outside the law. After the latest regional elections, in which the PSC-PSOE showed strength, ERC—Catalonia’s leading nationalist force—has tempered its stance, seeking a balance between legal obedience and its sovereign impulses. The essential aim is to defend an undeniable legal framework while remaining open to reform when justified by the electorate and institutions.

To that end, a political dialogue has begun between ERC and the ruling coalition. While talks have not yet produced formal outcomes, their ongoing nature is valuable in itself. In a democracy, sovereignty is not forbidden; the Venice Commission previously urged that any consultation be conducted with state authorities and within the framework of the constitutional order. The emphasis remains on aligning any future plebiscite with existing democratic norms and legal boundaries.

In hindsight, the failed rapid separation attempt gave way to a more measured, progressive approach that prioritizes dialogue over unilateral action. The ERC appears to be drifting away from the more disorderly tendencies of Junts and CUP toward a platform that fits within the broader European framework. This shift suggests that the Catalan political landscape could, in the not-too-distant future, settle on a coalition that favors shared governance and constitutional harmony, with ERC and PSC collaborating on national policy while respecting Catalan provincial realities. The ongoing collaboration between ERC and the Sánchez government is a sign of this practical realignment, one that does not necessitate sovereign temptation but reinforces the operating stability of the region within the Spanish constitutional system. The Catalan political current thus leans toward reforms that preserve unity, legality, and the right to political expression within a lawful framework (cite: constitutional norms and recent political developments).

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