The Spanish authorities, the main political parties and the government have repeatedly declared that the separation of a part of Spain from the national territory is illegal. Here lie the origins of legal mechanisms being used again now against Puigdemont and his colleagues to confront the independence movement: From and with more intensity from , Catalan institutions embarked on an intense international lobbying campaign to obtain international support and achieve the aim of becoming a new member state of the European Union. These three elements, ambivalent social and political support, a state explicitly hostile to any attempt at separation and a complete absence of international support, have led to the almost complete defeat for Catalan independence.
Helen Thompson – The unintended euro and the problem of Italy
The capture and imprisonment of Puigdemont symbolically closes this phase. Between and , the Catalan movement for independence displayed extraordinary capacity for mobilisation, managing to bring a million people onto the streets of Barcelona almost every year. The movement was peaceful, optimistic and celebratory, confident that separation from Spain was eminently achievable and imminent.
However, this relentlessly upbeat outlook seemed to prevent recognition of hard political reality. In spite of public statements from a range of international leaders, including the European Union, supporting the continued unity of Spain, the movement told itself that when the time came, recognition for Catalonia was inevitable. While arguably it had little choice, the EU has backed Spain in the Catalan dispute.
One consequence has been a eurosceptic turn within the Catalan independence movement over perceived betrayal by Brussels.
The Catalan movement for independence, as well as a number of internal and strategic errors, seriously misjudged the interest and willingness of the EU to countenance the break up of Spain. Yet, the EU is an alliance of states. Nonetheless, whether the bond markets oblige the Commission or not, the Italy problem will not go away. Now the ECB has practiced QE for three years no Italian government will wish to accept that future support for Italian bonds should come from the thus far unused OMT, when access to the OMT depends on first signing a memorandum of understanding, which would invariably include new fiscal conditionality.
But its capacity to act in this way has not been legitimated and remains subject to contest in Germany. Yet if Germany has to accept regular episodes of QE to support Italy, German consent to monetary union is likely to break down. The fundamental structural problems generated by the creation of a monetary union with a membership and terms that nobody intended have proved inescapable.
Yet the terms of German ratification of the Maastricht treaty nearly two years later in the decision of the German Constitutional Court also ensured that when the crisis that was always ultimately going to be generated by this disjuncture of rules and membership finally arrived Germany would have a de facto veto power over how the predicament would be addressed. But an informal version of this state of affairs in which the ECB had the discretion to buy or not to buy Italian bonds in the face of changing domestic politics in Rome is what precipitated the era of technocratic Italian government under Mario Monti, which did as much anything else to create the conditions for the rise of the present ruling Italian coalition.
The workings of the Eurozone cannot themselves be made more responsive to shifts in democratic politics because the Eurozone was constructed at German insistence around rules between states that if they are to work need to be enforced regardless of national election outcomes, even as there is political disagreement between states and across national political spectrums about what those rules should be.
One way or another the fate of Italy will determine what kind of monetary union, and with which member-states, can survive. It has been extremely irritating to constantly read in articles about the Paradise Papers that what is being reported is not illegal. This is not necessarily correct and is certainly not necessary. A journalist is […]. Spain appears to be in the midst of a major political transition and important political anniversaries are ante portas.
After this article was written, there has been a meeting between the head of the social […]. He also went as far as to argue that the participation of Italy to the EU is a stretch of the relevant constitutional principles, particularly popular sovereignty, because political powers on economy and money have been forfeited.
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A presentation of these positions can be found here. Nevertheless, the contract seemed to go in the direction of deficit spending: Switching back to a national currency?
Instead, he affirmed his commitment to a different, stronger and more equitable Europe see here and here. The President of the Republic immediately disclosed the reasons for his refusal see here , stressing that this was the only controversial appointment in an otherwise cooperative effort to form a new government. Immediately after the refusal, the President of the Republic summoned another renowned economist Carlo Cottarelli to try and form a government.
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The exact nature of the Presidential office and powers is a classical conundrum in Italian constitutional law. A traditional view is that the President of the Republic enjoys a broad array of discretionary powers, both formal and informal, which he must exercise to guarantee the Constitution and a well-functioning institutional system see also ECLI: When political bodies act in a coherent and orderly fashion, the President tends to shift towards the background, and vice versa.
In a sense, this reflects the flexible nature of the parliamentary form of government: But the procedure for high treason and violation of the Constitution has never been enacted: It has always been considered a merely theoretical option. This, depending on the type of act and function, may entail either a formal and supervisory role by the President, or a substantive one.
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The appointment of the Government is a complex act: No choice can be forced unto the President of the Republic: Indeed, Presidents often refused to appoint certain individuals to certain Ministries, mostly due to personal conditions of those individuals: President Scalfaro did not appoint Mr. The decision is open to debate, as it is only natural with discretionary powers. The question, whether the appointment of Prof. Savona really made such a difference, is legitimate.
This does not mean that European obligations are beyond debate, criticism — also fierce — and reform.
enemigo : Spanish » German | PONS
The balanced budget principle itself could be struck out of the Constitution, in the same way it was introduced in constitutional law no. But these fundamental issues should be framed in the open, before Italian citizens and the European partners, explaining how the status quo should change, and what to do in the meantime; not advanced surreptitiously, through the appointment of a Minister who declared himself ready to directly challenge, and possibly breach, basic European obligations.
The theory of games which Prof. Savona invoked in a recent statement is all very well; but, in this case, its compatibility with the principle of sincere cooperation and the logic of a full-fledged democratic deliberation is questionable. Savona — after much elasticity on other appointments, including to the premiership — was unsettling.