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Spanish politics
Madrid considers ‘nuclear option’ to halt Catalan referendum
Constitutional crisis looms, as Spain flirts with invoking Article 155 to stop ballot
© AFP
FEBRUARY 23, 2017 by: Tobias Buck in Madrid
The most talkedabout number in Spanish politics these days is: 155.
Article 155 of Spain’s constitution allows the government in Madrid to intervene directly in the
running of an autonomous region, effectively ending a system of selfgovernment that is at the
core of the country’s democratic order. After decades of obscurity, the article is emerging as a
central issue in the political battle over Catalonia (https://www.ft.com/topics/places/Cataloni
a), the northeastern region that is pushing for independence.
As the Catalan government prepares to hold a referendum on secession this year, there is
growing clamour in Madrid to invoke Article 155 and compel regional leaders to drop the vote
and obey the constitution. The article allows the state to take all “necessary measures” to
ensure compliance; if need be, by replacing officials and sending in the police.
The prospect delights hardliners on both sides. In Spain, there is widespread belief —
especially on the political right — that Madrid has tolerated the Catalan drift towards
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independence for too long and that only Article 155 can provide a decisive remedy. In
Catalonia, meanwhile, many believe that such an intervention would play into the hands of the
secession movement by rallying local support and drawing international attention to the
cause.
Either way, the move would turn a longsimmering conflict into a fullblown constitutional
crisis.
“The article is the nuclear option. If the Spanish government makes use of it, everything blows
up,” says Oriol Bartomeus, a political scientist at the Autonomous University of Barcelona.
“What Madrid has to understand is that there is no clear majority for Catalan independence (h
ttp://next.ft.com/content/0fa5b3b4766b11e6b60ade4532d5ea35). But there is a very large
majority in favour of Catalan selfrule.”
Mariano Bacigalupo, a professor of constitutional law at Spain’s Uned University, points out
that triggering Article 155 would take the country into uncharted territory. Spain has never
invoked the article, nor have other European countries with similar provisions made use of
them.
“Article 155 is a measure that was designed as a last resort, to deal with an extraordinary and
traumatic event,” he says. “It was designed not so much to be used but as a deterrence.”
Government leaders in Madrid have so far been reluctant to threaten the Catalan government
openly with intervention. But Rafael Catalá, the justice minister, described Article 155 this
month as “an option”, arguing that Madrid had an obligation to defend the law and the
constitution. Another government official says Spain’s bottom line is clear: “There will be no
referendum.”
Autonomy in Spain
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© Getty
Under the Spanish constitution, the country’s 17 autonomous regions enjoy broad powers of
selfgovernment — for example, in education, health and welfare. Some regions including
Catalonia have separate police forces and their own official languages
Officials and analysts agree that Mariano Rajoy (http://next.ft.com/content/655925849c4f1
1e6a6e48b8e77dd083a), Spain’s famously cautious prime minister, would resort to Article
155 only with great reluctance. When Catalonia wanted an informal independence ballot in
2014, his government allowed the vote despite an order from the constitutional court to halt
the process. Prosecutors have since issued charges against various Catalan leaders over the
affair, but the ballot itself went ahead without intervention.
This time could be different. Catalan officials insist the planned referendum in September
should be binding, making it more difficult for Madrid to ignore the event. What is more,
independence leaders have signalled they are ready to defy any ruling from Spain’s
constitutional court suspending or banning the vote. Whatever their political calculations, Mr
Rajoy and his ministers (many of whom who are lawyers) may ultimately feel they have no
choice.
“There comes a moment when a court decision is ignored so flagrantly that not enforcing it
creates a problem for the integrity of the rule of law. But it will be a very difficult decision to
make,” says Prof Bacigalupo.
Article 155
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In Catalonia, meanwhile, there is little pressure on the government and independence
activists to pull back. After years of intense mobilisation, some sense the independence
movement is in danger of losing momentum. In that context, a highstakes clash with Madrid
— including a possible intervention by the Spanish police to halt the voting — may seem like a
gamble worth taking.
“The independence movement knows that their people are getting tired. They want to go
straight to penalties,” says Lluis Bassets, a Barcelonabased columnist for El País.
Legal scholars offer at least one plausible alternative
to Article 155. Two years ago, Spain’s constitutional
court was given enhanced powers to enforce its
rulings — for example, by giving direct orders to the
police and public officials. Critics argue the overhaul
shifts political responsibility from the government to
the judicial branch in a manner alien to the
constitution.
Relying on the courts to take the fight to Catalonia
may be seen by Mr Rajoy as a less costly political
strategy. But intervening in the region — and
overruling the decisions made by the Catalan
parliament and government — will mark an
unprecedented escalation no matter which body
stands behind the move.
In Barcelona, meanwhile, preparations for the referendum continue. “We do not have an
agenda of disobedience, but of explicit obedience to the parliament of Catalonia,” regional
1. If an Autonomous Community does not fulfil the obligations imposed upon it by the
Constitution or other laws, or acts in a way seriously prejudicing the general interests
of Spain, the Government . . . may, following approval granted by an absolute majority
of the Senate, take the measures necessary in order to compel the latter forcibly to
meet said obligations, or in order to protect the abovementioned general interests.
2. With a view to implementing the measures provided in the foregoing clause, the
Government may issue instructions to all the authorities of the Autonomous
Communities.
Related article
Artur Mas hopes trialwill rouse Catalanseparatist movement (http://next.ft.com/content/faa1805e-e886-11e6-893c-082c54a7f539)
Court appearance over non-bindingpoll could backfire on Madrid
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26/3/2017 Madrid considers ‘nuclear option’ to halt Catalan referendum
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president Carles Puigdemont told the legislature this week. “We have to obey the mandate of
the Catalan parliament to hold a referendum.”
Print a single copy of this article for personal use. Contact us if you wish to print more to
distribute to others. © The Financial Times Ltd.
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