Was an independent state, the Catalan Republic, established?
No. It is true that in international law there is no prohibition on unilateral declarations of independence, but recognition of it by other sovereign states and the ability to participate in international relations is decisive. Subjects of international law may recognise the aspirations for independence of a certain group and declare that the determinants of statehood have been met. That is how a new state, a new subject of international law, is created. The emergence of a state from a legal perspective is a fact. The circumstances of the state-building process may be subject to legal consideration only concerning respect for the territorial integrity and principle of non-interference in the internal affairs of other states.
What form did this declaration take?
International law does not specify the form of a unilateral declaration of independence. Thus, its legal and functional reality are decisive for it to be effective. The Catalan act was adopted as a “declaration of representatives of Catalonia” on a vote by the regional parliament, in which a majority of 70 votes carried the 135-seat chamber. According to the wording of the declaration, an independent and sovereign Catalan Republic was thus established. The preparation of a Law of Juridical and Foundational Transition of the Republic was announced and a call made to establish relations with the Spanish state through negotiations on an equal footing. It also referenced respect for international obligations currently applied to Catalan territory and to continuing to be part of international treaties to which the Kingdom of Spain belongs. The Catalan authorities also called for a treaty with the Spanish government on dual nationality and transitional transfers of administration necessary for adequate public services.
How did the Spanish authorities react?
Spain’s central government invoked Art. 155 of the Constitution of the Kingdom of Spain. In accordance with its provisions, the Spanish Senate voted 214 to 47 in favour of granting the central government the right to introduce all necessary measures to restore public order and to ensure compliance with the Spanish constitution and all relevant statutes pertaining to self-government. Prime Minister Mariano Rajoy dissolved the Catalan parliament and ordered an election for 21 December. He also ordered the central authorities to take over the Catalonia administration and stripped the powers of Carles Puigdemont, the president of the Generalitat of Catalonia.
What are the likely consequences?
Spain has entered potentially the most destabilising phase of the dispute with Catalans who advocate independence. It seems most avenues of negotiation have been exhausted, although the central government will likely show restraint and not escalate the situation. Calls for imprisonment or sanctions on the leaders of the independence movement could be counterproductive, however, because they may paint them as patriots persecuted for political reasons. Although the international community as a whole is unlikely to recognise an independent and sovereign Catalonia, in the long term, Spain is unlikely to avoid a nationwide debate about the future of the state system.
