The Catalonian referendum does not meet the requirements laid down by the Venice Commission of the Council of Europe on referendums, Thomas Markert, secretary of the organisation, has told EUROPE.
Markert confirms that the Venice Commission has never formally taken position on the case of the Catalonian referendum. That said, the referendum does not meet the conditions laid down by the Venice Commission, as it does not respect the Spanish constitution, he explains – an argument also put forward by the European Commission and the president of the European Parliament (see EUROPE 11858). He went on to state that Catalonia has not gone along with the Venice Commission's recommendations by deciding upon simple majority to resolve the matter, whereas the referendum code of conduct suggests a qualified majority threshold.
This principle was formulated in the framework of the Montenegrin independence referendum in 2006, where the qualified majority to accede to independence was laid down at 55%, he said. He went on to explain that the Scottish independence referendum of 2014 met the constitutional compliance criterion and that the British government decided upon simple majority as a prerequisite to validate a "yes" result, whereas it could have insisted on qualified majority, hence making it harder to gain independence.
In a letter dated 2 June to the Catalonian regional president, Carles Puigdemont, of which EUROPE has had sight, the chair of the Venice Commission, Gianni Buquicchio, said that the referendum and cooperation with the Venice Commission would have to be carried out in line with the Spanish authorities, but also in full respect of the constitution and applicable legislation.
European institutions mobilising and making approaches
The plebiscite in Catalonia is taking on increasing significance in the political field and the media in view of the measures taken by the Spanish government to block the referendum being held. At the European Parliament, 48 MEPs from across the political spectrum, with the notable exception of the EPP, have written to the head of the Spanish government, Mariano Rajoy, calling for an end to repressive actions against Catalonian officials, members of parliament and mayors and to what is described as an “undeclared état de siège”.
Furthermore, a number of Scottish MEPs have called upon the president of the European Council, Donald Tusk, in a letter dated 20 September, to stress the need to enforce the principle of self-determination. The Scottish MEPs argue that Spain is in breach of the International Covenant on Civil and Political Rights of the United Nations High Commission for Human Rights and, in particular, the principle of freedom of expression (Article 19), the right of peaceful assembly (Article 21) and the right of free association (Article 22).
The European Commission currently remains immured in its constant line of argument: the Spanish constitutional order must be respected. This position was described as unacceptable by Amadeu Altafaj i Tardio, the Catalonian representative to the European institutions, who feels that the Commission should at least encourage dialogue (see EUROPE 11867). (Original version in French by Pascal Hansens)