New Defeat for the Pro-independence Movement in Europe: Lawsuit Against the Constitutional Court Overturned

Procesismo Adds a New Defeat. The European Court of Human Rights (ECHR) has endorsed the Constitutional Court's veto on the debate about self-determination in Catalonia's Parlament.

The high court thus dismisses the claim by the former vice president of the Parlament's Board, Josep Costa, and the former secretary of the chamber, Eusebi Campdepadrós. They denounced the Spanish court for having prevented any debate on independence and the disapproval of the monarchy in 2019.

European judges establish that the Constitutional Court "limited" the deputies' right to freedom of expression. But they approve its action, considering it "necessary" to "protect the Constitution as a guarantor of the State's territorial integrity."

The body considers that the Spanish court acted in accordance with its prerogatives, in exercising its responsibility to ensure compliance with the Constitution. It also considers that the limitation on freedom of expression was "proportionate."

This is a new defeat for narcissism, which after the failure of independence based much of its strategy on the judicial battle. But the repeated attempts to present Spain as a tyrannical state in the eyes of Europe have not worked.

Another Lost Battle

The dispute between separatists and the Constitutional Court dates back to 2015, when the Spanish court declared the Parlament's resolution on the start of the Procés unconstitutional. That set a precedent, which the court used in 2019 to veto the debate on self-determination.

Which, legally, makes perfect sense. If the highest judicial authority has deemed Catalonia's independence process unconstitutional, its debate in the Parlament must also be vetoed.

The Constitutional Court appealed to the members of the Parlament's Board to prevent any debate on Catalonia's self-determination. They were eventually accused of disobedience, a crime from which they were acquitted. Then, Costa and Campdepadrós reported to the ECHR the violation of their freedom of assembly and association, in addition to the violation of their freedom of expression.

They also accused the Spanish judges of having violated their right to a fair trial, having restricted their rights, and having subjected them to discrimination.

Justice admits the limitation of freedom of expression, but for a justified cause and in a proportionate manner. Another lost battle for procesismo, whose prestige continues to decline in Catalonia and Europe.