Catalonia’s Attempt to Secede – on Whose Side is the Law?

Abstract

October 1st, 2017, was the day when the whole world directed its attention to Catalonia. The autonomous region in Spain made a long‑awaited attempt to secede, and consequently, to constitute an independent republican state. That event was a true apogee of the conflict between Barcelona and Madrid that focused mostly on Catalonia’s struggle to obtain greater freedom. Many inhabitants of the region were just unsatisfied with the fact that the central government neglected their economic interests, and additionally, the sense of separateness from the rest of the Spanish population was growing among Catalans. However, the Spanish government consequently obstructed the Catalan separatist process, invoking the provisions of the Constitution. In turn, the Catalan government argued its claims on the right to self‑determination of its people. Who is right here, then? The article is a research paper aiming at answering that question. To achieve this, an analysis was conducted of the facts, in particular, the legal provisions, related to the process of Catalans gaining independence. The Spanish constitution is studied along with the relevant provisions, as well as the jurisprudence of the Spanish Constitutional Court. Research is also devoted to international law, particularly the right of self‑determination and the permissibility of secession. The attitude of the international community towards the Catalan secession attempt is briefly presented.