Opinion

Long-term resident

Dancing out in space

The TC tends to tortoiseness: it took seven years to give its blessing to gay marriage, and four to decide to bowdlerise the 2006 Catalan Statute of Autonomy. But last month, it managed to suspend the Catalan Law of Non-Binding Consultations in just seven hours.

Last month the Cata­lan pres­i­dent signed a law which al­lows Cata­lan cit­i­zens to be con­sulted about what­ever a ma­jor­ity of them deems con­sultable. This law is no ma­gi­cian's rab­bit: the power to im­ple­ment it was con­ceded to the Cata­lan gov­ern­ment by Spain's Con­sti­tu­tional Court [TC] back in 2010. The TC must have thought – in its retroac­tively re­mark­able ig­no­rance of the pop­u­lar mood here – that it would be used to de­cide whether a mo­tor­way should be widened there or a tun­nel drilled here, that kind of thing. But as soon as it was dis­cov­ered that the law was going to be used to ask whether Cata­lans wished to leave Spain or not, the court – and, in­deed, the union­ist politi­cians who back it to the hilt - flew into a strik­ingly un­pre­pos­sess­ing tizzy. It should be said that in gen­eral, the TC tends to tor­toise­ness: it took seven years to give its bless­ing to gay mar­riage, and four to de­cide to bowd­lerise the 2006 Cata­lan Statute of Au­ton­omy. But last month, it man­aged to sus­pend the Cata­lan Law of Non-Bind­ing Con­sul­ta­tions in just seven hours. With the re­sult that any­one, vol­un­teers in­cluded, caught mak­ing any prepa­ra­tions at all for the con­sul­ta­tion - which is due to take place on No­vem­ber 9th – can now be in­dicted on the spot. The mi­nor­ity union­ist par­ties in the Cata­lan par­lia­ment prac­ti­cally bayed in ec­stasy when the ban came through: for them, as for the Madrid gov­ern­ment, an abid­ing ki­bosh had fi­nally been put on the en­tire sov­er­eignty process. So it upset them when the fol­low­ing day there were pro-con­sul­ta­tion demos in 880 Cata­lan towns and vil­lages (Barcelona in­cluded). Mr Mar­gallo, the Span­ish for­eign min­is­ter - who, a few months ago, had fa­mously claimed that if Cat­alo­nia be­came in­de­pen­dent it would find it­self 'drift­ing in outer space' (sic) for ever and a day - warned that any fur­ther street protests would be 'highly dan­ger­ous'. In short, here we are being muz­zled by a re­lent­less le­gal­ism which ex­horts us all to treat the 1978 Span­ish Con­sti­tu­tion as if a di­vine fin­ger had scrawled it in stone. But there are signs that the Span­ish state it­self is not being nearly so scrupu­lous: for ex­am­ple, on Sep­tem­ber 11th – the day of the pro-indy V formed in Barcelona by 1,800,000 peo­ple – the main or­gan­is­ers, all of whom were ex­pect­ing phone calls from var­i­ous for­eign media, found that every five sec­onds they were get­ting ones from their own phone num­bers, and had to shut down their mo­biles. Now who could pos­si­bly have or­ches­trated this (highly il­le­gal) ob­tain­ing of per­sonal data and sub­se­quent tele­phonic bom­bard­ment? An­swers on an en­crypted post­card, please.

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