MEMORANDUM #23

130TH CATALONIA PRESIDENT AND CABINET SWORN IN WITH NEW

MINISTRY OF FOREIGN AFFAIRS

On 10 January 2016 the Parliament of Catalonia chose Carles Puigdemont as

the 130th President of the Generalitat, Catalonias institution of self-government
founded in 1359. He took the oath of office on 12 January. President
Puigdemont received the medal of office from his predecessor, President Artur
Mas. A former journalist who became Mayor of the city of Girona in 2011,
President Puigdemont also headed the Association of Catalan Municipalities for
Independence (AMI). He has been a Member of Catalonias Parliament since
2006 and in September 2015 was re-elected on the Together For Yes list (Junts
pel S), a united list that brought together, among others, Catalonias two main
pro-independence parties: Democratic Convergence of Catalonia (CDC) and
the Republican Left of Catalonia (ERC).

President Puigdemont said at his inauguration We have come far, but we are
not tired. We are full of hope. He said he would lead the implementation of new
social measures, noting the country that we want to build must be fairer, more
equal, better trained, more modern, with better healthcare, more jobs, and with
greater transparency, an example of best political and democratic practices.

The unity government sworn in by President Puigdemont has thirteen members.

The new Vice-President, who also serves as Minister of Economy, is Oriol
Junqueras, who heads the Republican Left party (ERC). A former history
professor and MEP, he was most recently Leader of the Opposition in the
Catalan Parliament.

In addition, the Government has granted the rank of Ministry to the department
in charge of the area of foreign affairs. The new Minister, Raul Romeva, B.A. in
Economics and Ph.D. in International Relations, was also MEP in Brussels for
10 years. External action is a competence recognised in Catalonias Statute of
Autonomy. Minister Romeva has stated that Catalonia wants to move forward in
a fully legal way, with a desire for permanent dialogue with the Spanish
government, the European Union and the international community, while also
responding to the democratic mandate of the Catalan people, who gave a
majority to the parties committed to the creation of an independent state.

Barcelona, 29 January 2016

MEMORANDUM #24

SPAINS GOVERNMENT USES CONSTITUTIONAL COURT AGAINST

CATALAN MINISTRY OF FOREIGN AFFAIRS

On 16 February 2016 Spains Constitutional Court suspended some articles of a

decree signed by the President of Catalonia Carles Puigdemont on 13 January
2016 creating a Catalan Foreign Ministry. The suspension followed a challenge
from Spains government under article 161.2 of the Spanish Constitution and is
automatic the moment the Constitutional Court agreed to accept the
governments case. The court now has five months to decide about the
suspension.

Unfortunately this is just another example of the Spanish government hiding

behind legal excuses for what is a political issue that needs to be addressed.
Catalonia has called for dialogue for years, but Spain simply refuses. Therefore,
the ongoing crisis in Catalonias relations with Spain is caused by the obdurate
refusal of Madrid to talk about longstanding problems that can only be resolved
through political dialogue.

A key pillar of modern democracy is the separation of powers, which provides

for a judiciary that is free from political influence. Sadly the highest court in
Spains democracy is led by a justice who is openly a member of the PP
political party, the current party in power in Madrid, and a large number of other
Constitutional Court justices do not hide their PP political affiliation either. In
fact, for the last two years the Spanish chapter of Transparency International
has called for an end to the partisan political meddling with the appointment of
the members of the Constitutional Court, a call that has not been heard, since it
is clear that the Constitutional Court takes orders from the Spanish government.

It was this very courts 2010 decision to eliminate large sections of Catalonias
negotiated Statute of Autonomy outlining newly devolved powers (which had
already been approved by Spains Parliament and by a referendum in
Catalonia) that led to the first massive civil society demonstration calling for
Catalonias independence. Since then Spains government has used this court
over and over as they re-centralize power, leading to growing frustration in
Catalonia.

Catalonias Foreign Minister Raul Romeva responded to the courts suspension

saying, I have absolute confidence that the Catalan Foreign Ministry and all of
its competences are constitutional and essential to defend the interests of the
Catalan people abroad and to explain what is happening in Catalonia and why.
He also cited the democratic mandate given by the people of Catalonia in the
27 September Catalan elections where pro-independence parties won a
majority of seats in the Catalan Parliament.

The Catalan government has been doing external action for the last 30 years. A
Secretariat of Foreign Affairs exists since 2006 and today has exactly the same
structure and responsibilities that it always had. Catalonias basic laws provide
a clear legal basis for such policies. The creation of a ministry in this new
Government responds to the growing need to explain Catalonias economic,
social and political realities to the international community.

President Carles Puigdemont has explained that Catalonia will continue its work
abroad, and he stated, I am convinced that the Constitutional Court will not find
any basis for the case. The Catalan government will present an appeal to the
suspension, asking the Constitutional Court to lift same.

Barcelona, 29 February 2016

MEMORANDUM #25

CATALONIAS ROAD MAP TO INDEPENDENCE

For the first time in its history Catalonia now has a Parliament where pro-
independence parties hold a majority of seats, following regional parliamentary
elections held on 27 September 2015. This result came after public debates on
independence across Catalonia, and a manifesto shared between the two main
pro-independence parties (CDC and ERC), which was also backed by the main
civil society organisations in favour of independence (ANC, Omnium Cultural
and AMI). The shared manifesto is called The Road Map To Independence
and it lays out the details of an 18-month timeline that will lead to the creation of
the Catalan Republic as a new European state.

In January 2016 the new President of the Generalitat, Carles Puigdemont, was
chosen and a new Government sworn in with the democratic mandate to use
the coming 18 months to follow the agreed Road Map leading to independence.
The first step is for the Government to begin to set up the state structures
necessary for Catalonia to exercise sovereignty in the areas where it cannot yet
do so. At the same time the Catalan Parliament is drafting the so-called
disconnection laws which create the Catalan Treasury and the Catalan Social
Protection Agency. There is a third disconnection law that will cover the judicial
transition from Spanish law to the laws of the Catalan Republic, in full alignment
with EU and international law, with the objective of guaranteeing legal security
for individuals, companies and organisations.

In parallel Catalonias strong civil society has begun a process, where there will
be public debates and discussions to allow full citizen participation in the
preparation of a new constitution for the new state.

All the main Catalan institutions: Government, Parliament and a large majority
of city and town halls across Catalonia, have ceaselessly called for a legally
binding independence referendum to be granted by the Spanish Government.
Such a referendum is supported by 80% of Catalonias population, and 87%
would accept the results of such a vote. However, despite formal requests to
the Spanish Parliament, the Spanish Government, and all the political parties,
our requests have been ignored.

Throughout the entire 18-month timeline, the Catalan Government will remain
open to the negotiate a referendum with the Spanish Government, something
we have sought since 2012. We hope that the new Spanish Government might
be more open to talking about this. However Catalonias Government and
Parliament wont sit idly by waiting; we are committed to fulfil the legal
democratic mandate given to us by the Catalan people.

All of the above-mentioned steps outlined in the Road Map will lead to
constituent elections at the end of the 18-month transitional period. These
elections will choose a new Parliament that will finalise a new Constitution,
which will then be submitted to the people via a referendum. This road map
goes from vote to vote and from the existing legal framework to a new legal
framework. By voting to approve the new Constitution, the citizens will decide
that Catalonia becomes a new State in Europe.

Barcelona, 30 March 2016

MEMORANDUM #26

SPANISH GOVERNMENT OBSTRUCTS DEMOCRATIC DIALOGUE BY THE

JUDICIALISATION OF POLITICS

Since 2012 the Spanish government has challenged 33 laws/acts passed by

Catalonias Parliament and approved by the Catalan government via appeals to
Spains Constitutional Court. The pace of the appeals continues to accelerate
to the point where recently new appeals have been launched against laws that
affect the basic rights of Catalonias citizens, such as the Law for Local
Government, the Law On Empty Housing and the Law on Equality Between
Men and Women. The Spanish government is even appealing laws that are
designed to provide urgent assistance to those more affected by the economic
crisis, such as the Catalan Law To Alleviate Energy Poverty.

Such appeals, whether the Court finally rule them appropriate or not, lead to an
immediate suspension of the law/decree/resolution in question, thereby blocking
it for a minimum of five months, and often longer. In the growing barrage of
appeals against Catalonias laws, there is a particular emphasis on blocking
laws that affect the Catalan governments ability to raise funds. By doing so, the
Constitutional Court has prevented the Catalan Government from receiving the
sum of 807 million, precisely when Spains Finance Minister is calling on
Catalonia to cut back a further 1 billion in this years budget.

Catalonias government and parliament actually filed a complaint with the

Constitutional Court against the clear political bias of the courts President, due
to his active membership in the ruling PP political party, a violation of court
rules, but the complaint was rejected by a vote of 9 judges to 2. In recent years
criticism has grown across Spain that the Constitutional Court has become
highly politicised with choices influenced by political party allegiances. Some of
the original drafters of Spains 1978 Constitution have also stated that their
constitutional text is no longer being interpreted with the original meaning.

On 20 April 2016 Catalonias President Carles Puigdemont met with Spains

Acting President, Mariano Rajoy, having sought to open a dialogue with Madrid
that had been impossible for many years. He presented a list of 46 points that
he wished to discuss, including the Catalan governments democratic mandate,
and yet another request for an independence referendum. There was also with
a strong concentration on social issues in the list of topics to be discussed.

This meeting was followed on 29 April by a meeting between Spains Acting

Vice President, Soraya Saenz de Santamaria, and Catalonias Vice President
Oriol Junqueras. Although the result of these meeting has only been new
appeals and blockage, the Catalan Government will continue asking for political
dialogue as the appropriate channel for resolving what are political problems,
not legal ones.

As President Puigdemont stated in his speech at Chatham House, on 12 May

2016, The desire for freedom, to protect our people, to change for the better, to
build, to hope, to have ambition, are some of the elements driving Catalonias
political project to become a state. (). We want to do it our way, the Catalan
way, in an exemplary manner, democratically, with a sense of civic spirit and
respect, approaching it not as a problem but as an opportunity.

It is incumbent on Spains current acting government and the next government

to stop judicialising what is a political problem with more appeals to the
Constitutional Court and instead engage politically with the Catalan government
in order to manage the transition to independence and to ensure future close
cooperation between Spain and an independent Catalonia within the EU.

Civil society is also mobilised. On 29 May a public demonstration took place in

Barcelona to protest against this continuous judicialisation of politics under the
banner: Rights are not suspended: proper jobs, social rights and real
democracy. All of Catalonias political parties participated (except for the PP
and Ciudadanos) along with key civil society organisations.

Barcelona, 31 May 2016

MEMORANDUM #27

SPAINS 26 JUNE ELECTIONS SHOW A DISTINCT POLITICAL

BEHAVIOUR AND PARTY SYSTEM IN CATALONIA

Spains second general elections in six months on 26 June 2016 could not clear
the uncertainty concerning the formation of a new government in Madrid. Since
the earlier 20 December vote the government of Prime Minister Mariano Rajoy
has remained in place in a caretaker role, and on 26 June his conservative
Popular Party (PP)
once again won
the biggest share
of the vote but not
enough to form an
overall majority.

The election
results clearly
show a different
pattern in
Catalonia, with
pro-referendum
parties winning a
majority, and pro-
independence
parties increasing
their percentage of the votes, with all of this showing the Catalan peoples clear
desire for change.

Catalonia sends 47 MPs (out of 350) to Madrid. The pro-independence

referendum leftist party En Com Podem (We Can In Common) won 12 seats
in the Madrid Parliament. The pro-independence Republican Left of Catalonia
(ERC) came in second place with 9 MPs going to Madrid. Democratic
Convergence of Catalonia (CDC) won 8 seats, giving the pro-independence
forces a total of 17 seats. Meanwhile the first and second most voted parties at
the Spanish level, the Popular Party (PP) and the Socialists (PSOE), only came
in 5th and 4th with 6 and 7 MPs respectively in Catalonia, while the Citizens
party in Catalonia (Ciutadans) came in last with 5 seats.

As the map shows, there is a clear distinction between Catalonia and Spain in
terms of the most voted parties in each territory, showing that Catalonia and
Spain are two completely different realities.

The ERC and CDC parties will continue to call for an independence referendum
for Catalonia in the Spanish Parliament. However, as an independence
referendum granted by Madrid seems highly unlikely, given the composition of
the Spanish Parliament, Junts pel S (Together For Yes), the Catalan
government coalition formed by ERC and CDC, led by President Carles
Puigdemont, will advance with the road map that formed the basis of their
manifesto for last years Catalan regional elections, which has independence as
its primary goal.

The 26 June vote came after a huge political scandal was uncovered by the
digital newspaper Publico, who leaked recordings of Spains Interior Minister
Fernndez Daz asking the Director of Catalonias Anti-Fraud office, Mr de
Alfonso, assist him in gathering information for a smear campaign against
Catalonias two main pro-independence political parties currently governing
Catalonia. Despite being caught in the act, the Minister refused to resign, and
Acting Prime Minister Rajoy refused to fire him, saying he had given a clear
explanation of his actions. The Anti-Fraud Director de Alfonso also refused to
resign, but Catalonias Parliament voted 121 11 to dismiss him, with just 11
MPs from the PP voting against.

We could all hear on these leaked tapes of a senior Minister of the Spanish
government conspiring to use the institutions of the Spanish state to smear
democratically-elected Catalan political figures and attempting to destroy them,
while influencing public opinion and government alliances.

In any normal democracy these tapes would have created a serious political
crisis, and it is surprising that Spains Attorney General did not take a single
step to investigate Minister Fernndez Diazs inappropriate abuse of power and
misuse of state institutions for political gain, something incompatible with good
governance, and weakening Spains democracy once again.
It comes as no surprise that so many Catalans no longer believe that the
Spanish government or state institutions can govern without prejudice against
Catalonia, and therefore seek their own state.

Barcelona, 14 July 2016

MEMORANDUM #28

CATALONIAS PARLIAMENT APPROVES THE PROCEDURES FOR

DRAWING UP A CONSTITUTION FOR THE CATALAN REPUBLIC

On 27 July 2016 the Parliament of Catalonia approved by a majority of 72 votes

in favour and 11 against, the conclusions of the Parliamentary Commission on
the Constituent Process. This Commission was set up following Catalonias
regional elections on 27 September 2015 which gave a majority to pro-
independence parties who campaigned on a road map to be carried out during
a special 18-month parliament that would prepare the way for Catalonias
independence from Spain.

The conclusions of the Commission were approved by the Junts Pel Si

(Together For Yes) coalition and the CUP party. The MPs of Ciutadans
(Citizens) and the PP (Popular Party) abandoned the session prior to the vote,
while the PSC (Catalan Socialist Party) stayed, but didnt vote, and the CSQP
(a Catalan affiliate of Podemos) voted against.

This vote is the next official step in the disconnection process announced at the
start of Catalonias special 18-month parliament, in November 2015 whereby
Catalonia will disconnect from Spanish law in favour of its own legal system,
under a Constitution for the Catalan Republic. The Commissions
recommendations were approved despite a 19 July 2016 ruling by Spains
Constitutional Court declaring any action related to a constituent process
unconstitutional. However, the Catalan Parliament does not consider that it
disobeyed, as it considers itself to be sovereign to take its own decisions.

The 27 July 2016 vote has these main points: the recognition of Catalonias
right to decide its own political future; the start of a constituent process leading
to the approval of laws that will disconnect Catalonia from Spain, via steps that
will not be subject to suspension or appeals from any institutions but Catalonias
own executive, legislative and judicial systems; and the holding of constituent
elections that will formalise an Assembly for the debate and creation of a draft
constitution for the Catalan Republic. All this: to be followed by a referendum to
approve said constitution, as the final step that will allow the Catalan people to
approve or reject the proposed constitutional text peacefully and democratically.

The Catalan Parliament believes that comparative experiences of other states

who have achieved independence legitimate the path that Catalonia has chosen
to begin its own independence process, which really began last 27 September
when the people of Catalonia democratically gave a majority to pro-
independence forces to begin this process.
We reiterate that these steps have been taken after Catalonia has devoted
years attempting to negotiate or even discuss these issues with the Spanish
Government, as well as the Spanish Parliament, exhausting every possible
avenue to have a referendum like those granted to Scotland and Quebec, and
to have talks on what has been one of Spains most important political issues
for many years. This request have been ignored over and over, as Spain has
hidden behind legal attempts to block Catalonia without any political discussion
of what is a political, not a legal issue.

We regret the democratic void in Madrid that we have attempted to work with for
many years, but with no hope in sight of any serious engagement with Catalonia
from Spain, we have no choice but to follow the democratic mandate given to us
by the Catalan people to take the steps necessary to lead Catalonia to
independence.

Barcelona, 28 July 2016

MEMORANDUM #29

THE PEOPLE OF CATALONIA MARCH MASSIVELY (AGAIN) FOR

INDEPENDENCE

11 September is Catalonias national day, called La Diada. It marks the date in

1714 when after 14 months of siege Barcelona fell to the army of the Spains
King Felipe V in the War of Spanish Succession. This led to Catalonia finally
being folded into Spain against its will. Catalonias national day celebrations
were supressed for 40 years during the Franco dictatorship, but were reinstated
in 1980 when the autonomous government of Catalonia, the Generalitat, was
restored as part of Spains much-praised transition to democracy. At the same
time Catalonia was promised greater self-rule, to be enshrined in a Statute of
Autonomy for Catalonias regional government.

Despite a new Statute being passed by Spains Parliament in 2006 and

approved by a large majority in a referendum in Catalonia, it wasnt long before
Spains Parliament began to trim the devolved powers. The tipping point for
Catalonia came in 2010 when Spains government urged the Constitutional
Court to drastically cut even more devolved powers from the Statute of
Autonomy. The Catalan people felt betrayed, and that year a million Catalans
took to the streets of Barcelona to peacefully protest under the banner We are
a nation. We decide. The Madrid government ignored Catalonias ire, and
followed up with a campaign of recentralisation that continues until today. Civil
society across Catalonia, led by two key groups, the Catalan National Assembly
(ANC) and Omnium Cultural built a broad-based grassroots network of support
for self-determination and eventually independence. Since 2012 the bottom up
broad-based movement has peacefully gathered a million Catalans from all
walks of life, and from every corner of Catalonia to march peacefully and joyfully
every 11 September.

The 11 September 2016 La Diada had the theme of A Punt (We Are Ready).
This year rather than one massive march there were five simultaneous
decentralised events across Catalonias different provinces, ranging from
central Barcelona, the provincial capitals of Tarragona and Lleida, the town of
Salt in Girona province, and the town of Berga in Barcelona province.
Representatives of different civil society groups spoke at the decentralised
events, calling for Spain to stop ignoring the Catalan people.

Catalonias President, Carles Puigdemont, participated in the march in Salt, in

his native province of Girona. Earlier in the day he told a gathering of foreign
press attending La Diada that, The way forward is talking and reaching
agreements between very diverse and different people. His Catalan
Democratic Party (PDC) is governing in a pro-independence alliance with the
Republic Left of Catalonia (ERC) and some independents called Together For
Yes which with the pro-independence left CUP party won a majority in the last
regional elections based on a manifesto presenting a road map that would lead
to Catalonias independence from Spain at the end of an 18-month transition
which is due to end in June 2017.

For the first time Barcelonas Mayor, Ada Colau, also joined the marchers
despite heading a political party, Barcelona en Com, the Catalan version
from Podemos, that does not support independence. Her party strongly
believes that Catalonia has a right to decide its own political future, and
deplores the Spanish governments refusal to negotiate, or even to talk with
Catalonias government, hiding behind legal actions to block the independence
movement, when this is a political problem that requires a political solution.

Spains long-standing government gridlock dates from last December, through

two General Elections where Spains major parties refused to accept the will of
the people, which was for them to work together to form a new government. The
Spanish political parties blocking Catalonia having a referendum might learn a
lesson from the teamwork among the different parties in Catalonia who have put
aside ideological differences to fulfil a democratic mandate from the Catalan
people to advance towards independence.

Catalonias leaders unanimously call for dialogue with the Spanish government
but nobody appears to be listening. The Catalan people once again this year
showed the strength of their spirit and will by turning out in massive numbers to
express their wishes for Catalonias democratic mandate to be fulfilled.

Barcelona, 20 September 2016

MEMORANDUM #30

CATALONIAS PRESIDENT ANNOUNCES HE WILL CALL A LEGALLY

BINDING INDEPENDENCE REFERENDUM IN SEPTEMBER 2017

Catalonia never stops its calls for meetings and negotiations with Spains
government to resolve what most Spaniards consider Spains main political
problem, second only to ending the 9-month political gridlock in Madrid following
two General Elections. However, with no end to the Spanish political paralysis
in sight, Catalonias President Carles Puigdemont addressed the Catalan
Parliament on the eve of a confidence vote that he won on 29 September with
72 votes in favour and 63 against. He noted that in spite of the years of no to
every Catalan request for political talks, he still has the obligation to fulfil the
democratic mandate given in the 27 September 2015 Catalan elections, when
the pro-independence parties won a majority with their electoral programme of
preparing the structures of state for Catalonias transition to becoming a new
state in Europe, the Catalan Republic.

He insisted that Catalonia still hopes that Madrid will finally sit down at the table
to negotiate, and that the best way to fulfil the demands of the Catalan people
was a referendum or a referendum. President Puigdemont stated that he
was placing the offer to negotiate on the table for all of Spains political parties,
adding, Our offer to negotiate has no expiration date, but that does not
paralyse our moving forward. Thus, President Puigdemont announced, we will
seek an agreement with the Spanish government until the very last day, but if
there is none to be had, then we will call a binding referendum held under the
new laws passed by the Catalan Parliament.

The President stated that at the end of July 2017 the Catalan Parliament will
have approved all the laws necessary for Catalonia to function as an
independent state and allow a referendum. This will make it possible for us to
be prepared to disconnect from the Spanish State with full guarantees, should
the Catalan people choose to do that. President Puigdemont added, There will
be no jumps into a void, and the new laws will guarantee judicial security during
all this process.

Barcelona, 29 September 2016

MEMORANDUM #31

CATALONIAS PARLIAMENT SUSTAINS THE CELEBRATION OF A

REFERENDUM WHILE SPANISH GOVERNMENT CONTINUES LEGAL
ASSAULT ON CATALAN OFFICIALS

On 6 October 2016 Catalonias Parliament approved two resolutions on

the legally binding independence referendum scheduled for not later than
September 2017. The first resolution, proposed by the Together For Yes
coalition and the pro-independence left CUP party, supports the independence
referendum announced by President Carles Puigdemont on 28 September. It
was approved by 72 votes from the two proposing parties, while there were 11
abstention votes from the Catalonia Yes We Can (CSQP) party (out of 135).

The second resolution in support of Catalonias independence referendum was

proposed by the Catalonia Yes We Can (CSQP) party. It calls on the Spanish
government to negotiate an agreed referendum with Catalonia. This was
approved with 73 votes in favour from the Together For Yes coalition plus
CPSQ, and 10 abstention votes from the CUP party.

The Members of Parliament who support an independence referendum

make up almost two-thirds of the chamber. However our numerous
requests for a referendum like those held in Quebec and Scotland not only met
with total rejection from the Spanish government, but also a refusal to enter into
any kind of dialogue or negotiation. This refusal to negotiate a political
solution to what are political problems is instead accompanied by a legal
assault on Catalonias senior government officials.

The Spanish Attorney General has charged former President Artur Mas, former
Minister for the Presidency Francesc Homs, former Vice-President Joana
Ortega and former Minister of Education Irene Rigau with disobedience,
perverting the course of justice, misuse of public funds and the abuse of power
in relation to the unofficial referendum on independence held on 9 November
2014. The Attorney General called on civil courts to seek criminal charges, and
on 13 October the High Court of Catalonia agreed to charge the former
President, Vice President and Ministers with contempt and abuse of authority,
accepting the Attorney Generals recommendation of a 10-year ban on holding
office for the former President and a 9-year ban for the other officials.

In addition, on 17 October the Attorney General also filed criminal charges of

contempt against the President of the Catalan Parliament, Carme Forcadell, for
allowing a parliamentary debate and vote on the recommendations of a
parliamentary committee on how to proceed with the constituent process for
creating an independent state. That same day Spains Attorney General called
for the Supreme Court to dismiss a case against Interior Minister Jorge
Fernndez Daz, who was caught attempting a smear campaign against
Catalonias pro-independence political parties. Leaked tapes show that the
Minister asked the Director of Catalonias Anti-Fraud office to assist him in
gathering information against the Republican Left of Catalonia (ERC) party and
the Democratic Convergence Party (CDC), who currently govern Catalonia in a
pro-independence coalition

All of these court rulings and charges against the democratically-elected senior
leadership of Catalonia are a twisted way to avoid what is normal in any
democracy, which is to talk and negotiate solutions to political problems. The
Catalan people suffer from Spains democratic deficit and lack of separation of
powers, when 80% of all Catalans state that they want to vote on their political
future, yet Spains government will not even discuss this. It is also very difficult
to comprehend how using democracy so that citizens can decide their future
could possibly be a crime.

Catalonias call for a referendum is just and peaceful. In the face of the Spanish
governments intransigent refusal to even address the issue, as well as their
total lack of alternatives, we have a democratic proposal: to put out the ballot
boxes and accept the result. And we are committed to do it.

Barcelona, 19 October 2016

MEMORANDUM #32
SPAINS CONSTITUTIONAL COURT TAKES ON NEW PENAL
JURISDICTION THREATENING SEPARATION OF POWERS AND JUDICIAL
INDEPENDENCE

On 4 November 2016 Spains Constitutional Court ruled that it was

constitutional for them to take on new powers granted through legislation
created by Spains Popular Party (PP) government. These give the
Constitutional Court penal powers to fine and suspend from office any
government officials and politicians who fail to enact or otherwise disobey
rulings of the Constitutional Court.

The Spanish government continues to refuse all dialogue with the Catalan
Government. Instead the PP government focuses all their efforts for Catalonia
on the ineffable Constitutional Court, showing Spains ever-accelerating reliance
on judicial means to address core political questions. This only creates more
tension.

Only one party (the PP) backed the legislation in Spains Parliament. In
addition, the Constitutional Courts decision to take on these new powers was
not unanimous, though the Courts President had sought a unanimous decision.
Instead eight justices voted in favour, with three against. Even the judge who
drafted the original proposal for the Court voted against the new powers
because she disagreed with the final text that was prepared by the more
conservative wing of the Court. The PP government has heavily politicised the
Constitutional Court, packing it with party sympathizers, to the point where the
president of the court is a former PP party member.

The Constitutional Court also rejected an appeal against the new powers from
the Basque Countrys regional government, led by President (Lehendakari)
Urkullu, who said the new measures obliterate the separation of powers in
Spain and give another turn of the screw to the judicialization of Spains political
system. A second appeal filed by Catalonias government (the Generalitat) is
due to be rejected shortly.

Catalonias President, Carles Puigdemont, reacted to the Courts latest ruling

stating, This is another step backwards for democracy, its very worrying
because it shows the total lack of separation of powers in Spain. Catalonias
Foreign Minister Ral Romeva , lamented, the Spanish government considers
the Constitution a penal code to be applied to democratically elected
representatives of the people.

This is a further escalation in the PP governments legal assault against

Catalonia, with these new powers directly aimed at the pro-independence
government officials and politicians in Catalonias parliament when we have
already seen key Catalan government officials and municipal authorities in
Catalan towns charged with contempt, abuse of authority, and misuse of public
funds.

The threat to the separation of powers and the growing lack of judicial
Independence in Spain has reached the point where the Council of Europe
recently warned the Spanish government for failing to carry out their
recommendations that they ensure that Spanish courts are free from political
influence calling on the Spanish government to cease being involved in the
selection of judges. In addition, a recent World Economic Forum study on
judicial independence placed Spain just behind Tanzania at number 97 on a list
of 144 countries in terms of having a judiciary independent from the influence of
members of government.

Barcelona, 10 November 2016

MEMORANDUM #33

THE PRESIDENT OF CATALONIAS PARLIAMENT GOES ON TRIAL FOR

ALLOWING DEBATE AND VOTE

Today the President of Catalonias Parliament, Carme Forcadell, is called to

testify before Catalonias Supreme Court after they rejected her appeal of the
charges that she committed administrative disobedience and a breach of public
trust.

These charges arose from the 27 July 20 plenary session of Catalonias

parliament when she allowed a debate and a subsequent vote on the
recommendations presented by a parliamentary committee on the possibilities
of amending Spains constitution to allow for a legally binding independence
referendum like those granted by the governments of the UK to Scotland and
Canada to Quebec. If convicted President Forcadell could face being debarred
from public office and a personal fine.

It is hard to imagine any other EU member state indicting and seeking to debar
the President of a parliament for facilitating a debate in a democratically elected
chamber.

This attempt to criminalise parliamentary activity presents a grave threat to

Spains democracy. These charges are also an attack on the sovereignty of
Catalonias parliament and they represent a dangerous precedent.

Therefore, the charges against the President of Catalonias Parliament are just
part of a massive legal assault against Catalonia. The Spanish government has
opted for legal persecution of Catalan public officials over dialogue, attempting
to force the courts to resolve political issues through prosecution rather than to
accept Catalonias constant calls for negotiations and dialogue to resolve what
are political, not legal, problems.

In addition to the indictment of President Forcadell, the former President, Vice-

President, Chief Minister and Education Minister have all been charged with
administrative disobedience, embezzlement of public funds and breach of public
trust for their involvement in the 9 Nov. 2014 non-legally binding consultation
on independence.
There are also hundreds of legal cases against Catalan municipalities for
sedition and administrative disobedience while Spains Constitutional Court has
45 pending cases related to Catalonia.

The latest legal assault against Catalonia came on 14 December when Spains
Constitutional Court ordered the suspension of the two resolutions approved by
85 of the Catalan Parliaments 135 MPs, calling for an independence
referendum in Catalonia in September 2017

Catalonia is in the midst of a peaceful and democratic political process, where

we find ourselves faced off against the Spanish governments total indifference,
offering only intransigence.

In Catalonia we defend the freedom of speech and the political capacity of

democratic parliaments to debate and vote on political positions of any type,
while expressing any opinion the speakers believe is relevant. Democratic
systems guarantee legal protection from prosecution to Members of parliament
for any actions or opinions expressed related to their position. This
parliamentary protection is being violated.

The serious deficit in Spains democracy, and the actions taken by the PP
government present a risk to any democratic project, including Spains and
Europes.

Barcelona, 16 December 2016

MEMORANDUM #34

LET US VOTE

Catalonia proposes a simple solution to the political conflict it has with Spain,
which is a democratic one: put out the ballot boxes to give Catalonias citizens a
voice to decide on the political and legal status of Catalonia.

Catalonias parliamentary majority, a coalition of parties that range from the far
left to the Christian Democrat right, has reached an agreement on the Catalan
Governments 2017 budget. There is also renewed support for a self-
determination referendum to be held no later than September 2017.

Last week there was a second meeting of the broad-based platform supporting
the referendum, which brings together public and private institutions as well as
civil society groups who all agree that the solution is to put out the ballot boxes.

85% of Catalonias citizens support the option to vote democratically on

Catalonias future, something that is also supported by 83 Members of
Parliament out of the total of 135. There are clearly solid majorities who want a
referendum.

Unfortunately the Spanish governments response is to continue to ignore the

fact that there is a serious political problem, and instead of addressing it they
force the courts to respond. Thus the Spanish government has systematically
and increasingly force the judiciary to take on what is a political situation.

Today former President Artur Mas, and two former Ministers from his
government, Joana Ortega and Irene Rigau, had to appear in court charged
with administrative disobedience and breach of public trust for their part in the
November 2015 consultation on independence. They face large fines and
being banned from holding public office. More than 40,000 people
accompanied them to the court and demonstrated against the legal persecution
of Catalonias officials and institutions.

The President of the Catalan Parliament, Carme Forcadell, testified last 16th
December in a separate case where she was also charged with administrative
disobedience for allowing a plenary session of parliament to vote on proposals
from a parliamentary committee on the independence process. There are also
more than 400 cases pending against elected municipal officials across
Catalonia with charges ranging from sedition to administrative disobedience.

Spains Popular Party (PP) government continues to ratchet up their legal

offensive against Catalonias political officials instead of the political dialogue
we have sought for years to address the existing political conflict.

President Rajoy has rejected all dialogue with Catalonias government on the
issue of self-determination, and the ruling Popular Party has stated that they will
use every means possible to block a referendum in Catalonia, including
suspending Catalonias devolved powers, and, if necessary, the use of force.

Given the situation the Government of Catalonia believes it is absolutely

essential that there be a dialogue, mediation, and negotiation, with help from
abroad if necessary to make this happen, so we can deal with the decision
taken by Catalonia: to give voice to our citizens in a self-determination
referendum.

Barcelona, 6 February 2016

MEMORANDUM #35

THE VENICE COMMISSION OF THE COUNCIL OF EUROPE AND SPANISH

DEMOCRACY

In October 2015, the Spanish Parliament approved solely with the favourable
votes of the Popular Party (PP) a reform of the Law of the Spanish
Constitutional Court (CC). This measure led the Government of Catalonia and
the Basque Government to file appeals of unconstitutionality which were
rejected, although three of the eleven judges of the CC presented particular
votes due to their disagreement with the measure.

Just this week, on 13 March 2017, the European Commission for Democracy
through Law (The Venice Commission) of the Council of Europe issued a critical
official Opinion about the reform. It questions the reform of the law of Spains
Constitutional Court, as well as the following aspects;

The procedure to impose coercive fines, which should not be ascribed to

the Constitutional Court, must comply with the guarantees provided for in
article 6 (right to a fair process) of the European Convention on Human
Rights, something that the current law does not (Paragraphs 48 and 49).

The Opinion of the Venice Commission notes that the allocation of powers
to the Spanish Constitutional Court to enforce its own rulings is an
exception since these functions are normally attributed to other powers of
the state (Paragraphs 71).

The power to apply coercive fines should not be attributed to a

Constitutional Court (Paragraph 53). The Commission considers this ability
to sanction, as well as the capacity to suspend public officials and civil
servants who refuse to execute the Courts decisions as problematic
(Paragraph 73), especially when its applied to directly elected officials and
to Members of Parliament, because this affects the democratic mandate
given to them by the people (Paragraph 74).

This Opinion has arrived at the same time that the former President of
Catalonia, Artur Mas, as well as two of his ministers, Joana Ortega and Irene
Rigau, have been found guilty of grave disobedience and sanctioned with fines.
Moreover, they were barred from holding public office for two years for their
involvement in a popular non-formal consultation on independence for Catalonia
held on 9 November 2014.

This statement brings to mind the fact that the President of Catalonias
Parliament and three other senior parliamentary officials are currently awaiting
trial, also charged with disobedience for allowing a floor debate on Catalonias
independence; in addition to hundreds of municipal authorities across Catalonia
charged with similar offenses.

It is a sign of how the Spanish Government is adopting a litigation culture against

the political issues, not legal ones. This same situation has even been mentioned
today by the outgoing President of the Constitutional Court during his farewell
speech, who claimed that the problem "cannot be resolved" only by this Court
and that dialogue with Catalonia is "urgent and unavoidable".

In response to this attitude, Catalonias proposal is a wholly democratic one:

ballot boxes, votes and democracy.

Barcelona, 15 March 2016