By: Cristian Nitsch '00

Cristian Nitsch '00 — Thu, 07 Dec 2017 11:49:04 +0000

Dear Madam/Sir: I work as an in-house lawyer for a Spanish energy company in Madrid, having previously been based in Barcelona, and have lived in Spain for many years. The interviewee’s impressions are interesting, and I am glad that they are being shared for what they elucidate about perceptions of the events unfolding in Spain, but what this interview obviously cannot deliver is an explanation of the complex issue of identity among Spaniards, why this issue of self-determination came about, the way in which both sides have succeeded and failed to make their case for independence and unity over the years and what the consequences of their actions would be. Furthermore, while I understand that no harm is meant and that the objective is a summary of impressions, I do take particular issue with (a) the occasionally flippant way in which a very serious issue is being summarized by way of “post-card” replies or experiences arising from someone’s temporary study abroad (for instance, a simple reference in the interview to “police brutality” – a very serious charge that is thrown in the air – is extremely unnerving and worrying without proper context, analysis and explanation) and (b) the lack of discussion or reference to the legal issues at play because they are fundamental in the way that this debate can take place. Certainly, it appears that a large number of Catalans have felt strongly about seeking independence, particularly as the central government may have failed to deal proactively with some of the underlying issues that gave rise to this wish for self-determination (such as improving Cataluña’s autonomy on tax collection, recognizing it as a “nation” and/or more recently sending police to stop a “vote on independence” in the first place) but to date at least half do not want an independent state and more are beginning to doubt it (at least as polls go, which is always difficult to gauge). And here is the rub: wanting something because you feel it very strongly cannot justify the means or indeed the ends in a country subject to the rule of law where the law tells you how to go about self-determination. While the central government could do much more politically in Cataluña and even reconsider some use of force, the idea that a region can flout the national Constitution (which the Catalans themselves adopted democratically by absolute majority in 1978) by unilaterally calling for self-determination (when the Constitution requires a national plebiscite) is anathema to the rule of law. Reasons for self-determination really only exist in the ambit of oppression or colonialism for which see ICJ case commentary or indeed examples from Canadian jurisprudence on the issue of Quebec. But these do not apply here even under generous concessions to those Catalans who believe in their “plight”: the autonomy and freedoms enjoyed by Cataluña are practically unequaled elsewhere in Europe for a region within an essentially federal system. On a personal level, I have always said to my “independently minded” Catalan friends that I have struggled to understand their endgame on a rational level, particularly if establishing independence would mean at least for some time leaving the European Union (and the currency) and setting a precedent for other towns and cities even within Cataluña to make themselves independent from their own region, but that of course is worthy of debate as long as you first understand the legal framework within which you must have that debate: your own Constitution. If by a national referendum ALL Spaniards (i.e., also those outside of Cataluña) have a say and vote as a significant majority for Cataluña to become independent then so be it. Whether Cataluña would be better off is another issue altogether. Think of Ohio or California or Texas or Florida one day deciding that they are going to break away because they do not like their cut of the federal subsidies. That evidently raises a lot of issues particularly with the history the US has already lived and evidently requires broad national discussion. So, my main message is this: I suggest readers look elsewhere and do more significant research on something so serious being lived in Spain (with some implications worldwide) and to remember the legal order itself adopted by the Catalans before coming to any conclusions from this interview or, indeed, the interviewee’s t-shirt. Cristian Nitsch ´00

Comments on: In Barcelona, Ezra Rice ’19 Has Close-Up View of Independence Fight

By: Cristian Nitsch '00