2017–2018 Spanish constitutional crisis
A constitutional crisis took place in Spain from 2017 to 2018 as the result of a political conflict between the Government of Spain and the Generalitat de Catalunya under the then-President Carles Puigdemont—the government of the autonomous community of Catalonia until 28 October 2017—over the issue of Catalan independence. It started after the law intending to allow the 2017 Catalan independence referendum was denounced by the Spanish government under Prime Minister Mariano Rajoy and subsequently suspended by the Constitutional Court until it ruled on the issue. Some international media outlets have described the events as "one of the worst political crises in modern Spanish history".
Puigdemont's government announced that neither central Spanish authorities nor the courts would halt their plans and that it intended to hold the vote anyway, sparking a legal backlash that quickly spread from the Spanish and Catalan governments to Catalan municipalities—as local mayors were urged by the Generalitat to provide logistical support and help for the electoral process to be carried out—, as well as to the Constitutional Court, the High Court of Justice of Catalonia and state prosecutors. By 15 September, as pro-Catalan independence parties began their referendum campaigns, the Spanish government had launched an all-out legal offensive to thwart the upcoming vote, including threats of a financial takeover of much of the Catalan budget, police seizing pro-referendum posters, pamphlets and leaflets which had been regarded as illegal and criminal investigations ordered on the over 700 local mayors who had publicly agreed to help stage the referendum. Tensions between the two sides reached a critical point after Spanish police raided the Catalan government headquarters in Barcelona on 20 September, at the start of Operation Anubis, and arrested fourteen senior Catalan officials. This led to protests outside the Catalan economy department which saw Civil Guard officers trapped inside the building for hours and several vehicles vandalized. The referendum was eventually held, albeit without meeting minimum standards for elections and amid low turnout and a police crackdown ended with hundreds injured. The Spanish Ministry of Internal Affairs reported that up to 431 officers had been injured, bruised, or even bitten.
On 10 October, Puigdemont ambiguously declared and suspended independence during a speech in the Parliament of Catalonia, arguing his move was directed at entering talks with Spain. The Spanish government required Puigdemont to clarify whether he had declared independence or not, to which it received no clear answer. A further requirement was met with an implicit threat from the Generalitat that it would lift the suspension on the independence declaration if Spain "continued its repression", in response to the imprisonment of the leaders of pro-independence Catalan National Assembly and Òmnium Cultural, accused of sedition by the National Court because of their involvement in the 20 September events. On 21 October, it was announced by Prime Minister Rajoy that Article 155 of the Spanish Constitution would be invoked, leading to direct rule over Catalonia by the Spanish government once approved by the Senate.
On 27 October, the Catalan parliament voted in a secret ballot to unilaterally declare independence from Spain, with most deputies of the opposition boycotting a vote considered illegal for violating the decisions of the Constitutional Court of Spain, as the lawyers of the Parliament of Catalonia warned. As a result, the government of Spain invoked the Constitution to remove the regional authorities and enforce direct rule the next day, with a regional election being subsequently called for 21 December 2017 to elect a new Parliament of Catalonia. Puigdemont and part of his cabinet fled to Belgium after being ousted, as the Spanish Attorney General pressed for charges of sedition, rebellion and misuse of public funds against them.
Background
The recent increase in support for Catalan independence has its roots in a Constitutional Court ruling in 2010, which struck down parts of the regional 2006 Statute of Autonomy that granted new powers of self-rule to the region. The ruling came after four years of deliberation concerning a constitutional appeal filed by the conservative People's Party under Mariano Rajoy—then the country's second-largest party, in opposition to the government of José Luis Rodríguez Zapatero's Spanish Socialist Workers' Party—and was met with anger and street protests in Catalonia. Shortly afterward the PP took power in Spain, and after a massive independence demonstration took place in Barcelona on 11 September 2012—Catalonia's National Day—the Catalan government under Artur Mas called a snap regional election and set out to initiate Catalonia's process towards independence.After a pro-independence coalition formed by the Junts pel Sí alliance and the Popular Unity Candidacy won a slim majority in the Parliament in the 2015 regional election, Carles Puigdemont replaced Mas as President of the Generalitat. Puigdemont promised to organise a binding independence referendum based on results from a multi-question, non-binding vote in 2014, when about 80% of those who voted were believed to have backed independence for the region, and up to 91.8% supported Catalonia becoming a state—albeit on an estimated turnout around or below 40%. The Catalan government invoked the right of people to self-determination and Catalonia's political, economical and cultural background to back up its proposal for a referendum on Catalan independence. The Government of Spain, now with Mariano Rajoy as Prime Minister, opposed such a vote, arguing that any referendum on Catalan independence would go against the country's 1978 Constitution, as it made no provision for a vote on self-determination.
On 9 June 2017, Puigdemont announced that the planned independence referendum would be held on 1 October the same year. The Catalan government criticised the attitude of the Spanish government in refusing to negotiate a referendum and accused it of behaving undemocratically.
Start of crisis
Referendum suspended
On 6 September 2017, the ruling Junts pel Sí coalition and its parliamentary partner, the Popular Unity Candidacy, passed the Law on the Referendum on Self-determination of Catalonia in the Parliament of Catalonia that was to provide the legal framework for the intended independence referendum scheduled for 1 October. The way in which the law had been pushed through Parliament and the clear unconstitutionality of the law became an issue of controversy. Catalan opposition parties accused JxSí and CUP of fast-tracking the law through parliament, not allowing them to appeal the law before being put up to vote. In 2018, the Constitutional Court ruled that the rights of the opposition were indeed undermined. Shortly after the parliamentary vote, in which most of the opposition MPs walked out from the chamber without voting on the bill, the Catalan regional government signed the decree calling the referendum. On 7 September and under a similar procedure as the previous day, pro-independence lawmakers in the Parliament of Catalonia passed the Law of transitional jurisprudence and foundation of the Republic, aimed at superseding the Spanish Constitution and the Statute of Autonomy of Catalonia with a new legal framework should a simple majority vote 'Yes' to the independence choice with no minimum participation required. Besides its unconstitutional character, the law was criticized for being approved with a simple majority, in contrast with the two thirds needed to reform the Statute of Autonomy or the Spanish Constitution, the generous control it afforded the executive power over the new judicial branch and the extensive degree of immunity offered to the president of the new republic.The People's Party-led Spanish government under Prime Minister Mariano Rajoy announced that it would appeal the bill to the Constitutional Court, which agreed to hear all four of its unconstitutionality appeals and subsequently suspended the law and the referendum until it could rule upon the matter. Despite the referendum suspension, the Catalan government announced it would proceed with the vote anyway. This prompted Attorney General José Manuel Maza to ask security forces to investigate possible preparations from the Catalan government to hold the vote, as well as announcing he would present criminal charges against members of both the regional parliament and government for voting and signing off the referendum. The national government proceeded to deploy a series of legal measures intended to nullify the referendum, while also warning local councils in Catalonia to either impede or paralyse efforts to carry out the vote. Previously, local mayors had been given 48 hours by the regional government to confirm the availability of polling stations for 1 October.
Within the next two days, nearly 74% of Catalan municipalities—comprising about 43% of the Catalan population—had agreed to provide the necessary polling stations for the referendum, whereas many of the most-populated urban areas—representing 24% of Catalan inhabitants—had voiced their opposition to the vote. The largest city and capital of Catalonia, Barcelona—accounting for about 20% of the region's population—was caught in the middle, with its local mayor, Ada Colau, refusing to make a statement whether the municipality would provide logistic support to the referendum or not while rejecting putting public servants at risk; she, however, voiced her support for the people's right to vote in a fair and legal referendum. Concurrently, President of Catalonia Carles Puigdemont, Vice-president Oriol Junqueras, the entire Catalan government as well as parliamentary officials allowing the referendum law to be put to vote in Parliament—including Parliament Speaker Carme Forcadell—faced charges of disobedience, misusing public funds and making deliberately unlawful decisions as elected officials as the High Court of Justice of Catalonia agreed to hear the criminal complaints filled by state prosecutors.