UPN, Alm.del - 2016-17 - Bilag 261: Brev fra Spaniens ambassadør vedr. de eksisterende begæringer om straffeforfølgning af det Catalanske Parlaments formand, Carme Forcadell

Det Udenrigspolitiske Nævn 2016-17
UPN Alm.del Bilag 261
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iP1ISTERiD DE ASUNTOS EXTER1OR:E5

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LHLLUL1

8LI 26/05/201.? i23% No REG 903

Hr. Søren Espersen

Formand

Det Udenrigspolitiske Nævn

Folketinget, Christiansborg

DK- 1240 København K

København, d. 26. maj 2017

Kære Søren Espersen,

Idet jeg vurderer, at emnet kan have Deres og Det Udenrigspolitiske Nævns

interesse, sender jeg Dem vedlagte ajourførte note vedrørende de eksisterende

begæringer om straffeforfølgning af det Catalanske Parlaments formand,

Carme Forcadell, ved Retten i Catalonien. Emnet blev delvist berørt af

Folketinget tilbage i december 2016 i form af et paragraf 20 spørgsmål til

udenrigsministeren.

Med venlig hilsen

L4pc.i,%.

‘4-

Enrique Pastor de Gana

Spaniens Ambassadør

Kristianiagade 21

DK-2100 København ø

Tit.: +45 35 25 50 40

Fax: +45 35 42 47 26

E-mail: embcopenhaguemaeces

UPN, Alm.del - 2016-17 - Bilag 261: Brev fra Spaniens ambassadør vedr. de eksisterende begæringer om straffeforfølgning af det Catalanske Parlaments formand, Carme Forcadell

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LEGAL ACrION AGAINST

SPEAKER OF THE CATALAN PARLIAMENT, MS. CARME FORCADELL

9 November

2015, the Catalan Parlïament approved Resolution 1/Xl, establishing a

roadmap

for

the Catalan secessonist

Drocess.

In its ruling of 2 December ZOlSLthe

Spanish Constitutional Court

unanimously ruled

that the

Catalan Patliament’s resolution

was unconstitutional.

and therefote

nult and

y. This should have put an end

to the

secessionlst

process,

However, the Catafan Parliamenr’s majority has continued to actively support and

approve resolutions which seek to continue the process inïtiated on 9 November 2015

with the adoption of the above mentloned Resolution 1/Xt.

1. RESOLUTION 5/Xl 2016

y means of Resolution 5/Xl fianuary 2016), the Catalan Parliament created a

Committee on the Constituent Process. The Spanish Government lodged an appeal

against this resolution with the Spanish Constitutlonal Court, on the grounds that ft

was in contempt of court —for ft disobeyed Court ruling 259 of 2 December 2O15 and

constituted an attemptto

further

the secessionist process.

The Constftutional Court, which effectively found that the Committee’s scope of

action

was Iargey identical to the content of the repealed Resolution 1/Xl of 9

November

2015, which souht to advance a so-called ‘constituent process’ flot contemplated by

the Spanish Constitution, issued its first warning to the Bureau of the Parliament,

including Ms.

Forcadell, reminding them of their

duty to prevent

or stoø

ani’ action

that would Involve

drcumventing or ignoring the Constitution& Court’s ruling of 2

December 2015.

2. RESOLUTION 263/Xl 2016

Despite the above mentioned warning, on

27 July 2016, the Catalan Parliament

approved Resolution

263/jL

which ratified the

conciustons reached by the

Committee on the Constituent Process, which set out the steps requlred to complete

the separation from Spain: a unilateral referendum where a mere majority of valid

votes in favour of independence would imply the ratificätlon of Catalonia’s

independence; no minimum participation or reinforced majorities would be required

followed by the approval of a tabt-made constitution for a new Catalan State.

—

On 29 iuly, the Spanlsh Government referred the Catalan Parliament’s decision to

approve these conclusions to the Spanlsh Constftutional Coutt.

The Constitutional

Court

then issued a second warning to Ms. Forcadell, the Bureau of

the Parliament and the Catalan Executive (Generalitat), reminding them oftheir duty

UPN, Alm.del - 2016-17 - Bilag 261: Brev fra Spaniens ambassadør vedr. de eksisterende begæringer om straffeforfølgning af det Catalanske Parlaments formand, Carme Forcadell

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to prevent or stop any action that would lnftiate a secessionist process, while at the

same time infarming them of their potential Hability. Including possible crimlnaf

I i ab ii ity.

In October 2016, the Public Prosecutor for Catalonia filed a complaint with the Catalan

High

Court

of Justice

against the Speaker of the Catatan Parliament for breach of duty

and contempt of court in relation to the Constitutional Cuurt rulln. The proceedings

resulting from the complaint are origoing. Ms. Forcadell testified before the High

Caurt

of Justice of Catalonie on 16 December 2016.

RESOLUTION 306/XI 2016.

A second complaint has been fileU with the High Court of Justice of Catalonla against

Ms. Forcadell for breach of duty and contempt of court in keeping with the

Constitutional Court ruling regarding the vote and approval by the Catalan Parliament

of Resolution

306/XI

(6 October 2016), which foresees a referendum and a so-called

constituent process that would culminate in Catalonla’s secession from Spain. Ms.

Forcadell has testified before the Catalan High Court of Justice on

8 May 2017 ifl

connection with

this

camplaint.

CONCLUSIONS

1. The Speaker of the Catalan Parliament, Ms. Forcadeit, has continued to fa_çiltate the

praparation of the secessIojst roadmap

the Catalan Parlament, des,ite the

Constitutional Court ruling that deciared it nul and vold an 2 December 2015,

It should be noted that this ruhng clear!y states that:

“...

public office holdets are bound

by an inescapable duty to abide by said fundamental

statute (the Spanish

Constitution). This does nat necessarfly mea?, defending its entfre content

from

ldeologtcal standpoint) however, it claes mean undertaking to perform one’s

dutfes in

accardance with the Constitution and with tespect for the rest of the legal system (in

thts regard, see, intet alla, STC 101/1983, of 18 November, F]3; and STC 122/1983, af

16 December, FJ5). The fact that this appiles to al! public officials indisputably anses

from the constitutlonal nature of our State, which is rootedin the rule oflaw.”

2. Using her

position

as Speaker of the Catalan Parlament, Ms. Forcadell has ptayed a

prominent role in at least thtee actions whlch yi.ptate the Spanish Constitution and

thpreyaiIin iaws of Spain:

she has allowed the secessionist roadmap to be

submitted, voted on and approved by the Catatan Parliament (Reso!utio 1/XI of 9

November 2015); she has permitted the Committee an the Constftuent Process to be

established (Resolution 5/XI of 20 January 2016); and she has allowed its Conclusions

to be submitted to and approved by the Catalan Parliament (Resolution 263/XI of 27

July 2016), evan though they furthered the secessionist roadmap that had prevlously

‘See Spansh Constftutional Caurt Ruifrig 252/2015, 2 December 2015, p. 27.

UPN, Alm.del - 2016-17 - Bilag 261: Brev fra Spaniens ambassadør vedr. de eksisterende begæringer om straffeforfølgning af det Catalanske Parlaments formand, Carme Forcadell

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been ruled nul? and vold. And aH of this in spfte of a ruHng and two formal warnings

issued by the Constftutionai Court, as well as warnings from the Catalan Parliament’s

own Legat Advisors. Given the fact that Ms Forcadell has reøeatedly and manifey

commttted_at1pns that c?early

constitute contempt

of coujt the Spanish

Government has twice referred her behaviour to the appropriate Catalan Courts.

3. Ms. Forcadell has publiciy argued that it is her “obilgatlon to fadiitate Uemocrat!c

debate In the Catalan Parifament” and that “in the Catalan Parliament it should be

possible to debate anythlng”, in reference to the need for unlimfted political dialogue.

Although this statement grossiy misrepresents the judicial reality of both complaints

lodged before the Catalan High Court, good note should be taken of what the

Constitutional Couft rullng of 2 December 2015 states in this regard:

“,,.

Public debate

an political projects of thls nature ar any others that advocate constitutlonal reform,

elther wtthln ar autside the institutfons, Is afforded unconditional freedom precIsely

because of the protection granted by the Const!tutlon ttself2. However, this same

ruling confirms that 11çpriyeitlng such 1otojects into legislation ar ather decistons by

public

officials

(s only posstbje_through ci process of constitutionol reform. To do

othetwise would be to release public officials

from

any requfrement to obey the law,

irrepatably damaging citizens’ freedoms” Ifl sum, political debate ln the Catalan

Partiament has always been -and continues to be- flot only possible but desira ble, and

potitical aspications of ali kinds can be defended without violating the Constftution.

This notwithstandlng, public office holdets such as Speaker Forcadefl are aiways bound

by the Constitution and must abide by the Spanish Constitutionat Court’s rutings, for

the legitimacy of any public official’s actions ultimately depends on whether they ate

ifl

keeping with the Constitution and the legal system. In short, the democratic

principle —which inspires the entire Spanlsh legat system-, cennot be construed in

Isolation from the rest of our constitutional and legal framework,

‘See Spanish Constituticnl Court ruling 259/2015, 2 Deceniber 2015, p. 32.