The 2006 Statute and the 2010 Ruling
Catalonia's new Statute of Autonomy, approved by the Spanish parliament and Catalan voters, is cut back by the Constitutional Court, setting off the independence surge.
- The Rise of Catalan Independence: Spain's Territorial Crisis — Andrew Dowling, Routledge (2018)
- Sentencia 31/2010, de 28 de junio (Estatuto de Autonomía de Cataluña) — Tribunal Constitucional, Boletín Oficial del Estado (2010)
- 'Goodbye, Spain?' The Question of Independence for Catalonia — Kathryn Crameri, Sussex Academic Press (2014)
- Catalonia: Nation Building Without a State — Kenneth McRoberts, Oxford University Press (2001)
In 2005 the Catalan parliament passed a new Statute that described Catalonia as a nation, expanded its powers and finances, and made Catalan the “preferential” language of public administration. The Spanish Congress trimmed it, and Catalan voters approved the revised text in a referendum on 18 June 2006, about 74% voting yes on a turnout of under half. The Partido Popular, which had campaigned against it across Spain, challenged it in the Constitutional Court.
- The Rise of Catalan Independence: Spain's Territorial Crisis — Andrew Dowling, Routledge (2018)
- Catalonia: Nation Building Without a State — Kenneth McRoberts, Oxford University Press (2001)
After four years the Court ruled on 28 June 2010. It struck down 14 articles in whole or part and set binding interpretations on dozens more, and it declared that the preamble’s reference to Catalonia as a nation had no legal effect. On 10 July 2010 a huge crowd marched in Barcelona under the banner “Som una nació. Nosaltres decidim” (“We are a nation. We decide”). Polls showed support for independence climbing sharply in the years that followed, amplified by the economic crisis and a dispute over Catalonia’s fiscal contribution to Spain.
- Sentencia 31/2010, de 28 de junio (Estatuto de Autonomía de Cataluña) — Tribunal Constitucional, Boletín Oficial del Estado (2010)
- The Rise of Catalan Independence: Spain's Territorial Crisis — Andrew Dowling, Routledge (2018)
- 'Goodbye, Spain?' The Question of Independence for Catalonia — Kathryn Crameri, Sussex Academic Press (2014)
The PP's campaign against the Statute and a politicised court overrode the democratic will of Catalans, proving that Spain would not accommodate Catalonia as a nation within it.
- The Rise of Catalan Independence: Spain's Territorial Crisis — Andrew Dowling, Routledge (2018)
- 'Goodbye, Spain?' The Question of Independence for Catalonia — Kathryn Crameri, Sussex Academic Press (2014)
Most of the Statute survived. The Court only struck down or reinterpreted provisions that conflicted with the Constitution, such as a preferential role for Catalan and a separate judicial council, and confirmed that "nation" in the preamble had no legal effect.
- Sentencia 31/2010, de 28 de junio (Estatuto de Autonomía de Cataluña) — Tribunal Constitucional, Boletín Oficial del Estado (2010)
- Spanish Constitution (official English translation) — Cortes Generales, La Moncloa / Government of Spain (1978)
Why it matters today
For many Catalans, including some who had never been separatists, the 2010 ruling was the moment the pact of 1978 broke: a statute voted by their parliament, the Spanish parliament and themselves was overruled after a challenge by the Partido Popular. "We are a nation. We decide" became the slogan of a new era.