The Transitory Law, approved before 1-O


referendum in Catalonia

agencies | drafting

The transitory law is the main disconnection law envisaged for, in case the ‘yes’ wins, create an alternative legal framework to Spanish.


Junts pel Sí and the CUP will approve before the referendum on October 1 the Law of Legal and Foundational Transience of the Republic, the main of the so-called disconnection laws, planned for, in the event that the ‘yes’ to independence wins, create an alternative legal framework to Spanish.

As explained by both formations in a press conference in the Parliament, the law aims to provide coverage and the legal framework of the period immediately after that eventual victory of the ‘yes’, for which it would come into force between October 2 and some constituent elections, after which a “Catalan constitution” would be approved.

Thus, JxSí and the CUP seek to find this law “the legal security that we want there to be at all times in this process and transparency, since there are 35 days left to vote and with a sufficiently long period of time the citizen you will know what the consequences are of your vote, be it ‘yes’ or ‘no’ “, stated the president of the Junts pel Sí group, Lluís Corominas.

The proposed law for the disconnection with the State has 89 articles and three final provisions, one of them suspending, so that after its approval the law would not enter into force unless it wins the ‘yes’ to independence in the referendum scheduled for 1-O.

Corominas has stressed that this “rupture” law gives a “binding” character to the sovereignist referendum, while providing a “clear legal framework” and establishes the steps to follow in the event of a ‘yes’ victory: “What we want is to give transparency”, said the president of Junts pel Sí.

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Lluís Corominas, in the center, during the press conference. Photo: EFE

Details of the law

The bill provides amnesty for those convicted or investigated by the sovereign process, in addition to the fact that the president of the Generalitat is the head of state, and would allow citizens to maintain dual Spanish nationality.

Furthermore, the law states that the Army should leave Catalonia, which would become “a Republic of Law, democratic and social”, whose “national sovereignty resides in the people of Catalonia.”

The requirements to have Catalan nationality and that this “does not require the resignation of Spanish nationality or any other”, in addition to the fact that “the Government will promote, in the shortest possible time, negotiations with the Spanish State to conclude a treaty on nationality.”

It would be recognized, on the other hand, the right to receive public social benefits, Y periods of Social Security contribution would be recognized; the Generalitat would be the only tax “authority”, and the power of the Tax Agency in Catalonia would disappear; the assumption of the debt would be left to the eventual phase of negotiation with the State.

In linguistic rights, “all people will have the right not to be discriminated against for linguistic reasons and to exercise the right of choice in relation to Catalan, Spanish and Occitan”.

The Spanish Army should cease to have jurisdiction in Catalan territory and it should leave Catalonia, while the Generalitat would become a customs authority; On the other hand, it is not specified whether an independent Catalonia will have an army, something that JxSí and CUP leave for the constituent debate.

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García Albiol and Arrimadas, convinced that it will not enter into force

The president of the Catalan PP, Xavier García Albiol, has ensured that the suspension of autonomy by applying article 155 of the Constitution is a valid option to stop the “coup” that he believes the independentistas are perpetrating in Catalonia.

He has considered that the presentation of this rule has been made to “cover the shame of the behavior of the independentistas in the demonstration on Saturday”, since he believes that they used the demonstration against the attacks to demand independence and show their rejection of Spain and the King.

He has also been convinced that the law will not enter into force because “the Government will not allow democracy and the rule of law to be violated in Catalonia”, and because it believes that the Constitutional Court (TC) will suspend it.

Along the same lines, he has expressed the leader of Citizens in Catalonia, Inés Arrimadas, who has warned that the law of the referendum of October 1 and that of legal transience “will not enter into force, because they will be suspended by the Constitutional Court” (TC).

Arrimadas believes that “the end of ‘processism’ is approaching and they are already beginning to talk about elections”, and has assured that the discrepancies between the members of JxSí themselves, as well as between them and the CUP, are increasingly evident.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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