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People gather to protest against the imprisonment of the President of the Omnium Cultural Jordi Cuixart and the President of the Catalan National Assembly Jordi Sanchez, during a rally held in Gerona, Catalonia, Spain, on October 17, 2017. Spain’s leading court ruled an independence referendum by the region is unconstitutional. Photo: EPA-EFE

Spain’s top court rules Catalan independence vote illegal, paving the way for direct rule by Madrid

Spain

Spain’s top court ruled on Tuesday that a recent independence referendum in Catalonia was unconstitutional, adding legal weight to the government’s efforts to block an attempt by the wealthy region’s leaders to break away from the rest of the country.

Armed with that Constitutional Court ruling, Prime Minister Mariano Rajoy’s conservative government is in a stronger position to potentially strip Catalonia of its self-government, or parts of it, for disobeying the law. Rajoy has given the secession-minded regional authorities until Thursday to back down from their independence ambitions.

Spain's Prime Minister Mariano Rajoy, centre. He has threatened to impose direct rule over Catalonia if it does not drop its independence bid. Photo: AP

The court’s ruling wasn’t surprising – Spain’s government had repeatedly insisted the vote was illegal. But regional leaders defied the Madrid-based central government and went ahead with the October 1 referendum on whether the region should separate from Spain. They said the “Yes” side won and that the result gave the region a mandate to declare independence.

Despite the Constitutional Court’s decision, the supporters of secession in Catalonia showed no signs of giving up. They have portrayed the central government as repressive.

Catalan regional President Carles Puigdemont chairs the Catalan Government's weekly meeting in Barcelona, Spain. Photo: EPA-EFE

“We are facing an executive power in the state that uses the judiciary branch to block the legislative,” Catalan government spokesman Jordi Turull told reporters soon after the ruling was announced.

Catalan President Carles Puigdemont made an ambiguous statement about the region’s future last week, saying he has the mandate to declare independence but adding that he would not immediately move to implement it to allow time for talks with the central government.

Spain has said that no dialogue can take place with independence on the table because a reform of the country’s Constitution with an ample majority in the national parliament is the only legal way to achieve secession.

Tuesday’s court ruling came a day after a Madrid judge provisionally jailed two Catalan independence leaders, Jordi Sanchez and Jordi Cuixart, in a sedition probe. The judge ruled they were behind huge demonstrations September 20-21 in Barcelona that hindered the police operation against preparations for the referendum.

Meanwhile, Agusti Alcoberro, the man who is standing in for Sanchez as head of the Assemblea Nacional Catalana, said peaceful protests will be the local response to what he said are the Spanish government’s heavy-handed approach.

“No modern state in the 21st century can survive if it bases its legitimacy on subjugating politically and dominating part of its population with the police and military,” Alcoberro said. “That is suicidal, and somebody should explain it to the Spanish government.”

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