What is it about?

the secession movement in the Catalan sovereignty process was based on the right to decide; however a number of decisions by the Spanish Constitutional Court have denied the possibility of even debating about secession in the Catalan Parliament, the representative of the Catalan people. In doing so, the Court has brought Spain's Constitution closer to the model of militant democracy it had previously rejected.

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Why is it important?

A large number of people are involved in the Catalan sovereignty process: aproximately a million have supported it and over 300 leaders have been prosecuted and condemned or are facing prosecution. An Amnesty Bill has been tabled before the Spanish Parliament to remedy this criminalisation, but much of the higher Judiciary in Spain and the Constitutional Court have refused to follow this line of forgiveness/forgetfulness

Perspectives

I consider there is a serious problem for democracy behing the prohibition of debating motions concerning the right to decide and to self-determination. The quality of Spanish democracy is at stake, and therefore indirectly also the democratic quality of the EU (Treaty on European Union, Article 10)

joxerramon bengoetxea
university of the Basque Country

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This page is a summary of: Secession, Right to Decide and the Constitutional Model of Militant Democracy, International Journal of Social Science Humanity & Management Research, March 2024, IJSSHMR Publication,
DOI: 10.58806/ijsshmr.2024.v3i3n06.
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