Junts Pel Sí and CUP agree on a ‘democratic unilateral mechanism’ to disconnect from Spain

The two pro-independence forces in the Catalan Chamber, governing cross-party list ‘Junts Pel Sí’ and radical left CUP have agreed on the further steps to take regarding Catalonia’s pro-independence roadmap. The first phase of the ‘Constitutive Process’ foresees holding a participative process to engage as many citizens as possible. The second phase stablishes passing the so-called three laws of disconnection, calling for new elections and writing the draft of the Catalan Constitution. At this point,the text mentions a ‘democratic unilateral mechanism which will allow to call for the Constitutive Assembly’, the body which will be responsible for writing the Catalan Constitution.Finally, this text will be put to vote amongst the citizens. To reinforce the ‘unilateral’ character of the process, the agreed document establishes that ‘the laws of disconnection are not subjected to control, suspension or impugnation from any other statement or court’.

The document, which was passed on the last day that the committee to study the constitutive process met this term of office, stablishes that ‘there is no space within Spain’s constitutional framework for Catalonia’s right to decide to be recognised’ and therefore ‘the only way to exercise this right is through a disconnection process’ and that Catalonia ‘has the legitimacy to start its own constitutive process’.

The first phase foresees the creation of a ‘Constitutive Social Forum’, formed by political parties and civil society organisations. This platform will discuss the content of the Catalan Constitution, according to the proposals emerged from a participative process amongst the citizens.

The key point is on the second phase. Here, both parties establish that the ‘disconnection process from Spain’s legal system will be accomplished when the Parliament will pass the three laws of disconnection’, one on social measures, a second on the Catalan tax office and a third on the legal transition, and also by putting forth a ‘democratic and unilateral mechanism which will allow to call for the Constitutive Assembly’. Thus, the document leaves the way open for the unilateral referendum on independence, a proposal first suggested by CUP, or for any other similar procedure which won’t require the Spanish state’s approval. To reinforce the ‘unilateral’ character of the process, the agreed document establishes that ‘the laws of disconnection are not subjected to control, suspension or impugnation from any other statement or court’.

Finally, the last stage foresees that once the ‘Constitutive Assembly’ would have passed the Constitution draft there will be ‘a constitutional referendum for the citizens to pass or reject the text in a peaceful and democratic way’. The conclusions also stablish that the Parliament ‘endorses’ the Constitutive Process and therefore ‘urges the Government to put at the citizen’s disposal the necessary resources for the discussion to start’. Moreover, the document foresees the creation of a ‘commission to do the ‘Constitutive Process’ follow up’.

Conservative People’s Party (PP) showed his disagreement and refused to ‘give democratic credit’ to a ‘process which seeks to break the legal system’. Alternative left alliance ‘Catalunya Sí que es Pot’ lamented that the main pro-independence groups in the Parliament stick on the ‘unilaterality’ and considered that the agreed pro-independence roadmap is just ‘for the pro-independence forces’ to be pleased’.