Myths and Realities of Secessionisms A Constitutional Approach to th
‘When it comes to the Catalonia question any three persons will have four different views. This volume, slim in size but rich in content, soberly helps navigate the critical legal issues underlying the dispute.’ – Joseph H.H. Weiler, New York University,
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Myths and Realities of Secessionisms
Miguel Beltrán de Felipe
Myths and Realities of Secessionisms A Constitutional Approach to the Catalonian Crisis
Miguel Beltrán de Felipe Faculty of Law University of Castilla-La Mancha Ciudad Real, Spain
ISBN 978-3-030-11631-6 ISBN 978-3-030-11632-3 (eBook) https://doi.org/10.1007/978-3-030-11632-3 Library of Congress Control Number: 2018967761 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: © Melisa Hasan This Palgrave Pivot imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
This essay is dedicated to the loving memory of Carolina (1964–2017) “M’he acostumat a viure / amb els qui ja no hi sou” (Joan Margarit, “Ponent”, Misteriosamente Feliz, Visor Editorial, 2009—used by permission)
Preface
Since 2012 Spain is experiencing a difficult political and constitutional situation caused by the challenge posed by the regional government and by some local political parties of one of its territories (Catalonia). This government and these parties, backed by an apparently growing part of the population, are engaged in a secessionist process aimed at breaking ties between Catalonia and Spain, and at giving birth to a new independent state named the Republic of Catalonia. I would like to make clear from the beginning that the legal and constitutional issues—and also the political ones—which surround the Catalan conflict are extremely complex and multi-factorial, as usually happens with everything related to nationalism, particularly to nationalist secessionism. From a juridical point of view, complexity might not be the correct word. The correct word is impossibilit
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