An Attempt of Catalonia to Secede – on Whose Side is the Law? Cover Image

Próba secesji Katalonii – po czyjej stronie stoi prawo?
An Attempt of Catalonia to Secede – on Whose Side is the Law?

Author(s): Mateusz Osiecki
Subject(s): International Law
Published by: Łódzkie Towarzystwo Naukowe
Keywords: Catalonia; self‑determination; secession; Constitution; independence

Summary/Abstract: October 1st, 2017 was a day on which the whole world directed attention at Catalonia – that autonomous region of Spain took a long‑awaited attempt to secede, and in consequence – constitute an independent republican state. That event was a true apogee of conflict between Barcelona and Madrid, that was focused mostly on Catalonia’s struggle for obtaining greater freedom – many inhabitants of the region were just unsatisfied with the fact that the central government was neglecting its economic interests, and besides that, the sense of separateness from the rest of Spanish population was growing constantly among Catalans. However, the government of Spain consequently obstructs the Catalan separatist process, evoking Constitution’s provisions. In turn, the Catalan government argues its claims by right to self‑determination of peoples. Who is right here then? The hereby article is a research paper aiming at answering that question. To achieve that, an analysis of facts related to the process of gaining independence by Catalans, and above all, the legal provisions is conducted. Studied is Spanish constitution along with its relevant provisions, as well as jurisprudence of Spanish Constitutional Court. Research is also devoted to international law, particularly the right of self‑determination and permissibility for secession. An attitude of international community towards Catalan secession attempt is briefly presented.

  • Issue Year: 2018
  • Issue No: 106
  • Page Range: 85-100
  • Page Count: 16
  • Language: Polish