Spanish Autonomism: A Legitimate Territorial and Administrative Articulation

Extract

[...] Serbia had in fact lost control over Kosovo as early as 1999 during NATO operations. In Catalonia, the situation does not seem to be the same. While it is true that in a first referendum on November the Catalan people showed themselves to be in favor of the constitution of an independent state during the vote on the political future of the community, it is also important to note that the Catalan people have never been an oppressed, colonized, dominated or discriminated against and persecuted people by the Madrid government. [...]

[...] Spanish autonomism, an example among others of articulation between central state and local autonomies The administrative organization chosen by the Spanish State and enshrined in its Constitution is not a particularism unique to Spain. Certainly, each State chooses its form and administrative and territorial organization according to its history, geopolitics and popular sentiments, but other States, like Spain, have opted for a hybrid system, capable of mixing and articulating the unitary form of the sovereign State with the recognition of internal local autonomies, in accordance with their constitutional text and the requirements of international law. [...]

[...] However, the resulting territorial and administrative landscape is particularly complex and the organization of the various competences and their interweaving is not so intelligible and without difficulties. As a result, tensions have always arisen and, most recently, the events in Catalonia have once again shown the difficulties of articulating unity and autonomy, a difficult task to achieve in the organization of power. Spain therefore offers a unique research laboratory for the management of autonomist aspirations. It will then be interesting to question whether The desire for autonomy in the territorial organization in Spain has been achieved without difficulties in the name of a perfect articulation between autonomous communities and the central state. [...]

[...] Such an action, in addition to being deeply dangerous, is also contrary to international law. B. The will of independence of Catalonia, an illegitimate danger in the light of international law The Catalan question is of particular gravity because it risks spreading its effects within other communities that, like it, might wish to turn towards independence, and, thereby, harm the territorial integrity of the states in which they are located. Similar situations could arise in Europe, where the demand for autonomy is particularly strong, not in a context of domination or subjection, but in traditional central states. [...]

[...] Now, while the respective Constitutions make it possible to frame such autonomies, exactly like the Spanish Constitution, each in its own way and according to the territorial and historical specificities of each State, it remains the case that such articulation is not always easy and can quickly spill over into conflicts aimed at obtaining more autonomy, or even independence. In such cases, autonomism turns into separatism, a situation that is unacceptable and contrary to internal constitutional law, as well as international law. [...]