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My understanding from these articles is that the referendum was that -- a resolution proposal. But the most recent vote (70 for, 10 against, 2 abstains, out of 135 representatives) is a direct declaration of independence.

I don't speak Spanish and I can't find any primary sources on it, but this is what all the news sources that I have seen are saying. If you have more information or citations, I'd love to see them.

Here are some sources saying it was a declaration of independence:

http://www.telegraph.co.uk/news/2017/10/27/spanish-governmen...

https://www.washingtonpost.com/world/a-day-of-fireworks-in-c...

http://www.bbc.com/news/world-europe-41771294

Also, (sigh), the twitter-based declaration from the government of Catalan itself:

https://twitter.com/i/web/status/923908635520053248



It's a declaration of independence, approved in a resolution proposal, which means it's a petition to the Catalan government, not a law or anything like that. Which means it hasn't changed the legal body at all. The Catalan government could also ignore the petition, as it's not a binding mandate, just a petition.

My sources? I am Spanish and I have friends who are lawyers.

EDIT: You mention the Catalan Gov's twitter. Well, of course, they will say whatever they want. Their aim is to provoke the Spanish government.


I'm unclear on who exactly you're saying the players are here. I though that this vote was undertaken by the Catalan Government -- namely, the parliament. Are these distinct organizations? Who, exactly, are you saying the Catalan Parliament is petitioning?


The Catalan Parliament and the Catalan Government are very distinct bodies. The Catalan Parliament is just like congress in the US: it also includes representatives of the opposition. They are the lawmakers. The Catalan Gov is the body that applies laws and it includes no member from the opposition.

Yes, the Catalan Parliament is petitioning. At least in the formal legal realm.


So legally, does the Catalan Government have to comply with that petition? And if not, wouldn't that mean the Catalan Parliament doesn't actually have any real authority? Or is there some other legal mechanism they could use to force the Catalan Government to comply?


The executive branch, the "Catalan Government", doesn't have to comply with that petition, because resolution proposals are non-binding. The Catalan Parliament _does_ have real authority, because they have the legal authority to pass/approve laws (which a resolution proposal is not), and those laws are of course legally binding.

It's just that the parliament, in this case, has decided not to approve a law but a resolution proposal. Of course, they chose so to cover themselves and reduce the personal legal risks/repercussions for congressmen of approving this so-called "declaration of independence". Also the vote was secret because of that reason.


I'm confused. A petition to the Catalan government, by the Catalan parliament? They're petitioning themselves?


“government” here seems to mean roughly what, in the American system, would be called the “administration” or “executive branch”.

From the procedural descriptions, this looks less like what Americans would think of as a “request” or “petition” than passing a bill and sending it for the assent of the executive (which might be given or withheld), as is the typical mode of legislation in the US system (both at the federal level and in the states.)


It's not a bill, as it's not a law. It's a formal request to the executive branch to do something.


In particular, to apply a law passed by the Catalan parliament a few weeks ago that has been deemed invalid.


The parliament and the government are distinct bodies. The parliament are the lawmakers, they are directly elected, and it includes the opposition. The Catalan Gov is not directly elected: it's elected by the parliament, and they don't make laws, they apply them.




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