06 December 2023
Rule of Law Eroded
Spain is going through turbulent times, marked by a strong political polarization and an increasingly evident decline in the rule of law due to the partisan takeover of institutions. This situation has been exacerbated by President Sánchez's investiture agreements with pro-independence parties, particularly Junts, led by the fugitive Puigdemont, who spearheaded the Catalan secessionist insurrection in the autumn of 2017. The bill grants amnesty for crimes committed in connection with secessionist efforts, including, among others, misappropriation of public funds, prevarication, and attacks against authority. The amnesty, as it currently stands, violates both the Spanish Constitution and basic tenets of the rule of law. Continue reading >>
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30 June 2022
Scottish Indyref 2
On Tuesday 28 June, First Minister Nicola Sturgeon addressed the Scottish Parliament about her plans for a second independence referendum. According to the proposed Bill, the referendum will take place on 19 October 2023. The announcement reopened the age-old debate about the ‘festering issue’ whether Holyrood does possess the power to organise such referendum without the explicit consent of Westminster. Continue reading >>07 May 2022
“We the Territorial People” and the Russia-Ukraine War
Not enough attention has been devoted to Russia’s demands that Ukraine amend its constitution to recognize Crimea as Russian territory as well as accept the independence of the separatist regions in eastern Ukraine – Donetsk and Luhansk. Though it may not seem intuitive, constitutional law and its accompanying methods of holding referenda to amend constitutions is at the heart of the conflict between Russia and Ukraine. Is constitutional amendment the way to achieve a breakthrough? What conditions must be met to legitimize secession, which includes the breaking apart of citizens along with the state’s territory, on which they reside? Continue reading >>
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25 October 2019
Constitutional Conflicts
Can the actions perpetrated by the leaders of the secessionist movement be understood to be crimes under Spanish law? Does the Spanish Constitution or international law protect those actions in the name of fundamental rights, including the right to protest? The Spanish Supreme Court deals with these issues in its lengthy opinion. A reply to José Luis Martí's assessment of that decision. Continue reading >>15 August 2018
Secessionism, Federalism and Constitutionalism in Ethiopia
On the morning of 4 August 2018, troops were seen taking over key positions in Jijiga, a capital city of the State of Somali, one of the constituent units of the Ethiopian federation. Heavily armed military vehicles were stationed outside the state parliament, the offices of state government and the state TV station. It was not an invasion by a foreign force. It was a federal intervention. Continue reading >>
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03 April 2018
Spanische Tragödie
Über Carles Puigdemont, katalanische Identität, spanische Strafjustiz und europäisches Vertrauen: eine juristische Geschichte über Wahn und Wirklichkeit. Continue reading >>05 November 2017
Still not a Dictatorship: Spanish Law and Judiciary in Times of Constitutional Crisis
I write these lines after Carles Puigdemont, the deposed Catalan President, and part of his Government have fled to Brussels to evade Spanish justice, after eight ex-Consellers of the Government have been sent to pre-trial detention without bail, and after the appeal from the incarcerated presidents of two civil pro-independence associations ANC and Omnium to be released on conditional parole after 18 days of detention has been rejected. The scenario is terrible, also for those of us that believe that the only possible solution for this crisis is by political negotiation, and it could have been avoided. That being said – the assertion that Spain has turned into a repressive state or even a dictatorship is utterly groundless. Continue reading >>12 October 2017
Catalonia and Spain: A View from the Future Past
I am not suggesting Spain and Catalonia are headed for the same result as Yugoslavia and its republics. The conditions necessary for such a confrontation are simply not present. At the same time, the similarities do suggest danger of further escalation, with the possibility of unrest that should be taken seriously. Continue reading >>07 October 2017
Catalan secessionism faces the European Union
Catalan secessionists have constructed a hypothetical place for an independent […] Continue reading >>06 October 2017