TY - JOUR
T1 - International and european institutions and catalan nationalism
AU - Arenas Garcia, Rafael
PY - 2024/2/29
Y1 - 2024/2/29
N2 - The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international significance and, because they are state organs, must always adhere to the international obligations assumed by the state. In Spain, the autonomous communities exercise broad powers, which, in the case of Catalonia (via the Generalitat), include education, healthcare, prisons and police. Research shows that the Generalitat has exercised – and, to some extent, continues to exercise – some of its powers in disregard of certain constitutional and legal obligations. This action by public authorities in disregard of the law can have international consequences, and various international organizations have expressed positions on it through their bodies. This paper examines these positions on the Generalitat’s actions in connection with the secession process and other related policies, including both those that have been critical of this behaviour and those that have expressed direct or indirect support for it. The practice of the European Union, the Council of Europe, and the UN Human Rights Council through its Special Rapporteur on minority issues is analysed.
AB - The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international significance and, because they are state organs, must always adhere to the international obligations assumed by the state. In Spain, the autonomous communities exercise broad powers, which, in the case of Catalonia (via the Generalitat), include education, healthcare, prisons and police. Research shows that the Generalitat has exercised – and, to some extent, continues to exercise – some of its powers in disregard of certain constitutional and legal obligations. This action by public authorities in disregard of the law can have international consequences, and various international organizations have expressed positions on it through their bodies. This paper examines these positions on the Generalitat’s actions in connection with the secession process and other related policies, including both those that have been critical of this behaviour and those that have expressed direct or indirect support for it. The practice of the European Union, the Council of Europe, and the UN Human Rights Council through its Special Rapporteur on minority issues is analysed.
KW - European Union
KW - Venice Commission
KW - Substate entities
KW - Protection of minorities
KW - Rule of law
KW - European Charter for Regional or Minority Languages
UR - https://portalrecerca.uab.cat/en/publications/12dbc008-6201-4c0d-8698-b0c1f57db11b
U2 - 10.1007/s40803-024-00206-7
DO - 10.1007/s40803-024-00206-7
M3 - Article
SN - 1876-4045
VL - 16
SP - 189
EP - 216
JO - Hague Journal on the Rule of Law
JF - Hague Journal on the Rule of Law
ER -
