2017–2018 Spanish constitutional crisis

It started after the law intending to allow the 2017 Catalan independence referendum was denounced by the Spanish government under Prime Minister Mariano Rajoy and subsequently suspended by the Constitutional Court until it ruled on the issue.

[39] After a pro-independence coalition formed by the Junts pel Sí alliance and the Popular Unity Candidacy won a slim majority in the Parliament in the 2015 regional election, Carles Puigdemont replaced Mas as President of the Generalitat.

[50] Besides its unconstitutional character, the law was criticized for being approved with a simple majority, in contrast with the two thirds needed to reform the Statute of Autonomy or the Spanish Constitution, the generous control it afforded the executive power over the new judicial branch and the extensive degree of immunity offered to the president of the new republic.

The national government proceeded to deploy a series of legal measures intended to nullify the referendum, while also warning local councils in Catalonia to either impede or paralyse efforts to carry out the vote.

[57][58] Concurrently, President of Catalonia Carles Puigdemont, Vice-president Oriol Junqueras, the entire Catalan government as well as parliamentary officials allowing the referendum law to be put to vote in Parliament—including Parliament Speaker Carme Forcadell—faced charges of disobedience, misusing public funds and making deliberately unlawful decisions as elected officials as the High Court of Justice of Catalonia agreed to hear the criminal complaints filled by state prosecutors.

[67] The next day, the Civil Guard raided Generalitat offices and arrested fourteen senior officials from the Catalan government—most notably, these included Josep Maria Jové [ca], deputy to regional Vice-president Oriol Junqueras.

[70] Regional premier Carles Puigdemont condemned the actions as "anti-democratic and totalitarian", accusing the Spanish government of 'de facto' imposing a state of emergency and of suspending Catalonia's autonomy after it took effective control over Catalan finances.

[9] On 21 September, the Catalan government acknowledged that the raid and arrests in the previous day severely hampered the referendum's logistics by preventing any alternative election data centre to be established in time for the vote to take place.

[84] Over 12,000 officers from the National Police Corps and the Civil Guard were deployed throughout Catalonia in an effort to close off polling stations and seize all election material to prevent the vote from taking place.

[2] The Spanish government was forced to call off police raids after clashes with protesters resulted in two people seriously injured, one for a gum ball shot against the eye and the other one due to a heart attack.

[95] On 3 October 2017, as huge protest rallies and a general strike took place in Catalonia, King Felipe VI delivered an unusually strongly worded televised address in which he condemned the referendum organizers for acting "outside the law", accusing them of "unacceptable disloyalty" and of "eroding the harmony and co-existence within Catalan society itself".

Party officials from the PP and Ciudadanos praised the King's "commitment to legality",[98] whereas leaders from Unidos Podemos and Catalunya en Comú criticised it as "unworthy and irresponsible", paving the way for a harsh intervention in Catalan autonomy.

[102][103][104] This sparked a massive business exit in the ensuing hours, with companies such as Abertis, Gas Natural, Grifols, Fersa Energias Renovables, Agbar, Freixenet, Codorníu, Idilia Foods, San Miguel Beer and Planeta Group also announcing or considering their intention to move their HQs out of Catalonia.

The Mossos d'Esquadra were put under investigation for disobedience, accused of not complying with a command from the High Court of Justice of Catalonia to prevent the referendum and with their passivity allowing polling stations to open.

[18] Puigdemont's move came after pressure resulting from the business exit on the previous days as well as pleas from Barcelona's mayor Ada Colau and European Council President Donald Tusk urging him to step back from declaring independence.

[19] This was met with disappointment from thousands of pro-independence supporters who had gathered nearby to watch the session on giant screens,[118] as well as criticism from the CUP, who voiced their discontent at Puigdemont's decision not to proclaim a Catalan republic right away and did not rule out abandoning the Parliament until the signed declaration of independence was effective.

[21][120][121] They were accused of leading the protest of tens of thousands of people that surrounded the Catalan economy department offices on 20–21 September 2017 heeding a call made by Òmnium Cultural and ANC,[122] during which three vehicles of the Civil Guard were vandalised and their occupants forced to flee into the Economy Department building, a court clerk remained trapped until midnight inside the building and had to flee by the roof, while several agents were trapped throughout the night as demonstrators shouted outside "You won't get out!".

[127] According to the judge the actions of Sànchez and Cruixat are into the scope of sedition, a felony regulated by the article 544 and subsequents of the Spanish Criminal Code:[122][128] Conviction for sedition shall befall those who, without being included in the felony of rebellion, public and tumultuously rise up to prevent, by force or outside the legal channels, application of the laws, or any authority, official corporation or public officer from lawful exercise of the duties thereof or implementation of the resolutions thereof, or of administrative or judicial resolutions.Pro-independence politicians and organizations, including Catalan President Carles Puigdemont, have referred to Cuixart and Sànchez as political prisoners.

[131] An article published in El País argued that according to the criteria established by the Parliamentary Assembly of the Council of Europe (PACE) Sànchez and Cuixart could not be considered "political prisoners".

[citation needed] In his formal response to Rajoy's requirement hurrying the initial five-day deadline, Puigdemont failed to clarify whether independence had been declared and instead called for negotiations over the following two months.

[144] If a self-governing community does not fulfil the obligations imposed upon it by the constitution or other laws, or acts in a way that is seriously prejudicial to the general interest of Spain, the government may take all measures necessary to compel the community to meet said obligations, or to protect the above-mentioned general interest.On 19 October, Prime Minister Mariano Rajoy confirmed that the Spanish government would trigger Article 155 and move to suspend Catalonia's autonomy after a cabinet meeting scheduled for 21 October, following a letter from Puigdemont in which he said that the independence declaration remained suspended but that the Catalan parliament could choose to vote on it if Spain continued its "repression".

[23][24][25] On 26 October, one day ahead of the scheduled enforcement of Article 155 by the Spanish Senate, it was announced that Puigdemont had chosen to dissolve the Parliament of Catalonia within the coming hours and call for an emergency snap election on or around 20 December in order to prevent direct rule from Madrid.

[153][154] On 30 October, as Spanish Attorney General José Manuel Maza called for charges of rebellion, sedition and embezzlement against Puigdemont and other Catalan leaders,[34][35] it transpired that the ousted President and five of his ministers had fled to Belgium.

[155][156] Concurrently, lack of civil unrest and work resuming as normal throughout Catalonia showed direct rule from Madrid taking hold, with Spanish authorities reasserting administrative control over Catalan territory with little resistance.

[168] On 18 November, while in office, Attorney General José Manuel Maza suddenly died[169][170] and was succeeded ad interim by Luis Navajas[171] until the appointment on 11 December of Julián Sánchez Melgar.

[177] Inés Arrimadas, Citizens' leader in the region, announced she would not try to form a government on her own, instead waiting and see how negotiations between pro-independence parties evolved, due to them commanding a majority against her hypothetical candidacy.

[180] However, facing arrest on possible charges of rebellion, sedition and misuse of public funds, the Catalan parliament delayed Puigdemont's investiture after Constitutional Court ruled that he could not assume the presidency from abroad.

The next day and less than 24 hours before he was due to attend the second ballot, the Supreme Court announced that thirteen senior Catalan leaders—including Turull—would be charged with rebellion over their roles in the 2017 unilateral referendum and subsequent declaration of independence.

[205] Russian Foreign Minister Sergey Lavrov said in response: "Probably they are arranging this kind of scandalous, sensational hysteria in order to distract the attention of their electorate from their inability to resolve their problems at home.

Although the meeting ended without a deal, the relationship between the Russians and the Catalan government has continued even after the failure of the push for independence with Puigdemont's associate, Víctor Terradellas, as the main interlocutor.

Pro-independence supporters during a rally on 11 September 2017
Demonstration in Barcelona during the general strike held in Catalonia on 3 October 2017.
Demonstration in Manresa on 3 October 2017.
Demonstration against Catalan independence in Barcelona on 8 October 2017
Special Senate Commission on the Invocation of Article 155 of the Spanish Constitution (presidency).
Demonstration under the slogan "Freedom for Political Prisoners, We are a Republic" on 11 November 2017
Lawyers Jessica Jones, Ben Emmerson and Rachel Lindon take case of Catalonia's jailed politicians to the United Nations , February 2018
Protest march in Barcelona in support of Carles Puigdemont on 15 April 2018