PSOE-JUNTS AGREEMENT
The Spanish Socialist Workers Party and Junts per Catalunya confirm that the current political situation allows for reaching an agreement to open a new stage and contribute to resolving the historical conflict over the political future of Cataloniaeven starting from divergent positions, develop a dynamic for its resolution in terms different from those of the last legislature and seek governability during the 15th legislature taking into account the composition of the Cortes Generales resulting from the elections held on July 23, 2023.
1. BACKGROUND
In recent years, an important part of Catalan society has participated in a great mobilization in favor of independence. This period cannot be understood without the ruling of the Constitutional Court of 2010, fundamentally following an appeal by the PP against the Statute. approved by the Parliament, by the Cortes Generales and in a referendum.
With the approval of a new Statute, Catalan society, which endorsed it, sought both the recognition of Catalonia as a nation and the solution to the limitations of self-government and the accumulated deficits. Claims and demands with a deep historical background and that have taken different forms since the New Plant Decrees abolished the constitutions and secular institutions of Catalonia. Claims where linguistic, cultural and institutional issues have played a prominent role, especially in periods in which they were subject to severe legal limitation and even prohibition or active persecution. The historical and political complexity of these issues has meant that a relevant part of Catalan society has not felt identified with the current political system in Spain.
The ruling of the TC in 2010 meant that today Catalonia is the only autonomous community with a statute that has not been voted entirely by its citizens. As a reaction, there was a large protest demonstration and, since 2015, absolute pro-independence parliamentary majorities have been repeated in the Parliament in successive regional elections, as well as massive pro-independence mobilizations. In that period, different proposals were approved by the Parliament and the Government of Catalonia on tax matters, as well as the request for the delegation of competence for the authorization of referendums or the organization of a consultation under the protection of an autonomous law. Unfortunately, the governments of that time did not favor political negotiation and none of these proposals, made out of loyalty and the current legal framework, were considered.
After these events, the Catalan institutions promoted, first, a popular consultation on November 9, 2014 and, later, an independence referendum on October 1, 2017 —both suspended and later annulled by the TC— with massive participation in favor of the independence of Catalonia. The Government’s attempt to prevent the referendum gave rise to images that shocked us all inside and outside our borders.
All of this led to the approval of article 155 of the EC, by which the dissolution of the Parliament was decreed, the dismissal of the Catalan Government and the early call of elections, which once again gave an absolute majority to the pro-independence parties. And as a result of As a result, multiple legal cases were initiated, many of them still unresolved, affecting a large number of people.
These judicial cases have had a relevant political impactas well as various resolutions of international organizations, such as the Working Group on Arbitrary Detentions, the United Nations Human Rights Committee, the Court of Justice of the European Union, the European Court of Human Rights or the Parliamentary Assembly of the Council of Europe.
2. HISTORICAL OPPORTUNITY
This synthetic account of events objectively accredits the profound divergences that have existed and that have given rise to a conflict that only democratic politics can channel to seek a solution, given that, six years later, the underlying issue remains unresolved. And, despite the structural discrepancies that exist given the distance between our national projects, We are prepared to open a new stage in which, based on respect and recognition of the other, a political and negotiated solution to the conflict is sought.
PSOE and Junts assume that based on the result of the general elections on July 23, there is an opportunity that they must and have the will to take advantage of responsibly. The resolution must be negotiated and agreed upon and therefore it is up to the actors to whom the polls have given this possibility to try.
For this reason, PSOE and Junts are committed to negotiation and agreements as a method of conflict resolution and agree to seek a set of pacts that contribute to resolving the historical conflict over the political future of Catalonia.
These agreements must respond to the majority demands of the Parliament of Catalonia which, according to the Statute (which has the character of an organic law), legitimately represents the people of Catalonia.
3. AGREEMENTS
The PSOE and Junts recognize their deep discrepancies and are aware of the complexity and the obstacles of the process they are preparing to undertake. On the one hand, Junts considers the result and mandate of the referendum of October 1, as well as the declaration of independence of October 27, 2017, to be legitimate. For the other, The PSOE denies all legality and validity to the referendum and the declaration, and maintains its rejection of any unilateral action. At the same time, they confirm that important agreements can be reached without giving up their respective positions.
To achieve these agreements, and given the deep discrepancies on the final form of resolution of the conflict, in addition to the mutual mistrust recognized by both, andl PSOE and Junts have agreed to establish an international mechanism between both organizations that has the functions of accompanying, verifying and monitoring the entire negotiation process and agreements. between both formations that are reached.
It is within this framework that both parties will have to agree, where appropriate:
• The negotiation methodology to provide the process with certainty, in which the support, verification and monitoring mechanism that has been provided will develop the negotiation between the parties. In this space, disagreements will be negotiated, agreed upon and addressed, as well as any dysfunctions that arise in the development of the agreements.
• The contents of the agreements to be negotiated based on the aspirations of Catalan society and the demands of its institutions, which in general terms are grouped into two large permanent areas: those of overcoming the deficits and limitations of self-government and those related to the national recognition of Catalonia. In this sense and in the first negotiation meeting to be held this November, the following will be raised, among other issues and in a non-exhaustive manner:
– Regarding the scope of national recognition, Junts will propose holding a self-determination referendum on the political future of Catalonia protected by article 92 of the Constitution. For its part, the PSOE will defend the broad development, through the appropriate legal mechanisms, of the 2006 Statute, as well as the full deployment and respect for the institutions of self-government and the institutional, cultural and linguistic uniqueness of Catalonia.
– And in the area of deficits and limitations of self-government, Junts will initially propose a modification of the LOFCA that establishes an exception clause for Catalonia that recognizes the uniqueness in which the institutional system of the Generalitat is organized and which facilitate the transfer of 100% of all taxes paid in Catalonia. And, for its part, the PSOE will opt for measures that allow financial autonomy and access to the Catalan market, as well as a unique dialogue about the impact of the current financing model on Catalonia. In this area, the essential elements of a plan will also be addressed to facilitate and promote the return to Catalonia of the headquarters of companies that changed their location to other territories in recent years.
• The Amnesty Lawto ensure full political, institutional and social normality as an essential requirement to address the challenges of the immediate future. This law must include both those responsible and the citizens who, before and after the 2014 consultation and the 2017 referendum, have been the subject of decisions or judicial processes linked to these events. In this sense, the conclusions of the investigation commissions that will be established in the next legislature will be taken into account in the application of the amnesty law to the extent that they could be derived situations included in the concept of lawfare or judicialization of politics, with the consequences that, where appropriate, may give rise to liability actions or legislative modifications.
• The expansion of Catalonia’s direct participation in European institutions and other international organizations and entitiesparticularly in matters that have a special impact on its territory.
• The investiture of Pedro Sánchez, with the vote in favor of all the Junts deputies.
• The stability of the legislaturesubject to the progress and compliance of the agreements resulting from the negotiations in the two permanent areas indicated in the second point.
#keys #PSOEJunts #pact #advance #national #recognition #Catalonia