Secession and democracy: the international and European legal perspective regarding the "Procés"
Legal perspectives on Catalan secession and its democratic implications
Lorem ipsum
Lorem ipsum dolor sit amet
State, territorial sovereignty and human rights in international law
Principle of sovereign equality
Principle of self-determination of peoples
Principle of self-organization of the State
Democracy, rule of law and human rights in European law
European law promotes democracy and the rule of law through the European Union (EU) and the Council of Europe (CoE). The EU is governed by treaties and the Charter of Fundamental Rights, supported by the case law of the Court of Justice. The CoE establishes the European Convention on Human Rights and promotes the protection of minorities. The Venice Commission issues guidelines and assessments on democracy and the rule of law in Europe.
European Union (EU)
Council of Europe (CoE)
The facts surrounding the "Procés" before the International Organizations
The “Procés” in Catalonia generated repercussions in international organisations. Central bodies such as the European Union maintained a position of respect for Spanish legality. At the territorial level, implications were seen in diplomacy and international recognition, while the UN advocated dialogue and legality.
Central Organ Facts
Facts of territorial bodies
Industries
Building wealth, creating futures.
Why us
Trusted experts with years of experience and industry accreditations
At Beratung, we are dedicated to guiding you on your financial journey with expertise, integrity, and a personalized approach. Our team of experienced financial consultants is committed to helping you unlock your full financial potential, one step at a time.
Our mission is to empower you with the knowledge and tools to make informed decisions, secure your financial stability, and achieve lasting success.
A decade of proven financial expertise.
Serving a thriving community of satisfied customers.
A dedicated team of financial experts at your service.
Guided by integrity, trust, and client-centricity, our values drive everything we do.
Integrity
Uphold high ethical standards and act with honesty, transparency, and professionalism in all your interactions.
Trust and Confidentiality
Understand the importance of trust and confidentiality in your client relationships.
Objectivity
Provide unbiased advice that is based on thorough analysis, research, and a comprehensive understanding of your clients' financial situations.
Expertise
Stay up-to-date with industry trends, regulations, and best practices to offer informed advice to your clients.
Long-Term Relationships
Build long-term relationships with your clients based on trust, open communication, and mutual respect.
Accountability
Monitor progress, review strategies, and make adjustments as needed to help clients stay on track towards their financial goals.
Analysis and assessment by experts
What do the experts think?
Antonio Remiro Brotóns
“The Catalan independence process was a revolutionary act, a secession in the strict sense, for attempting to access statehood against the constitutional order without any international legal basis. And an act that violated the right of the entire population to its internal self- determination, a right that expresses the democratic principle in general international law.”
Araceli Mangas Martín
“No EU Member State allows referendums so that part of the population can decide separately on national territory and sovereignty. The European Commission and the European Council have recognized that the effect of a secession of part of a Member State is its exclusion from the EU; and the citizens of the independent region lose their status as nationals of a Member State (they cease to be Spanish) and, therefore, automatically lose their citizenship of the Union and the rights linked to it.”
Helena Torroja Mateu
“European public order protects constitutional democracy based on respect for three inseparable principles that are one: rule of law, human rights and the democratic principle. Its protection is inseparable from peace and justice (no accent on the i). The ideology of the radical democratic principle or Catalan identity (Democracy is voting, or the right to decide) is contrary to this European norm and brings us back to authoritarian nationalist practices that distance us from sustainable peace. The problem of the Catalan Process was and is also a problem of violation of democracy.”
Jessica Almqvist
“In the two decisions of the Human Rights Committee (HRC) on the Catalan secession process, it is a controversial question whether the plaintiffs had exhausted domestic remedies or could benefit from any exception to this requirement. It is equally controversial if the HRC exceeded its jurisdiction by beginning to reexamine the facts and the law applicable in a procedure that has not been completed in a constitutional democratic State.”
Juan María Bilbao Ubillos
“Spain is a Constitutional Democracy, with full respect for fundamental rights, pluralism and the balance of powers and that performs well in the main international rankings that measure the democratic quality of countries. “It is a politically decentralized country, where the formula of the Autonomous Communities is halfway between a unitary State and a federal State.”
Patricia Arias
“The written communications of the Special Procedures of the United Nations Human Rights Council and the two Opinions of the Working Group on Arbitrary Detentions, addressed to Spain on its measures adopted in the Catalan secession process, have not taken into account the breakdown of the Spanish internal constitutional order. The fact that the mandate holders do not consider Spain’s international duty to reestablish the rule of law may cast serious doubt on its objectivity, impartiality and independence and, consequently, its credibility.”
Rafael Arenas García
“The EU and the Council of Europe must improve their monitoring and control practices to also focus on the authoritarian policies of subnational entities, when the central government of the member state is unable or unwilling to react to these policies. “Both institutions must assume that any violation of the rule of law or any of the other democratic values and principles, at any level, harms the entire Union, the Council of Europe and their respective Member States.”
Contáctanos
¿Necesitas más información?
No
dudes
en
contactarnos
¡Deje sus datos de contacto en el formulario y nos comunicaremos con usted!
CONTACTARNOS:
