What legal weapons can Spain use to prevent Catalonia from leaving?

Article 155 of the Spanish constitution has never been used before, and Madrid has said it can take all necessary measures to prevent Catalonia's secession. The crisis in wealthy Catalonia is heating up by the day.

Spanish Prime Minister Mariano Rajoy (left) and Catalan leader Carles Puigdemont. Photo: GETTY IMAGES/AFP

The crisis is getting hotter every day

Catalonia, a wealthy autonomous region in northeastern Spain, held a referendum on October 1 on independence from Spain. The results showed that 90% of the 2.3 million people who voted supported independence. The turnout was only 43%. Spain declared the referendum illegal.

The referendum has deeply divided Catalonia's 7.5 million people. Last weekend, a massive pro-unity rally took place in Barcelona, ​​the Catalan capital, in contrast to the many pro-independence demonstrations that had taken place in the city earlier.

Under Catalan law - which is not recognised by Madrid - the regional parliament can make a formal declaration of Catalan independence within two days of the referendum results being officially announced.

Catalan leader Carles Puigdemont told parliament on October 10 that Catalonia had earned the right to become an independent nation, but had not yet officially declared independence unilaterally.

Instead, he asked the Catalan parliament to postpone the declaration of independence to allow negotiations with officials in Madrid to begin on achieving Catalan independence.

Article 155

In that context, Spanish Prime Minister Mariano Rajoy has announced that he does not rule out activating Article 155 to strip Catalonia of its autonomy and enforce direct control from Madrid over the region.

Article 155 of Spain's 1978 constitution allows Madrid to exercise direct control in the event of a crisis, but has never been used before.

Prime Minister Rajoy said on October 11 that his government had asked the Catalan government to clarify whether the region had declared independence before taking the next step.

Spain is one of the most decentralized countries in the Western world. It has 17 semi-autonomous regions with varying degrees of control over issues such as education and health care.

According toAFP, Article 155 states that if a region's government violates the provisions of the constitution or “acts in a way that seriously threatens the general interest of Spain”, Madrid can “take the necessary measures to force that region to comply or to protect the general interest”.

Article 155 allows the state – in this case the central government in Madrid – to “take control of the political and administrative institutions of the autonomous region,” said Teresa Freixes, from the Autonomous University of Barcelona.

Measures could include “suspending the regional government, placing Catalonia’s police force under the control of the Interior Ministry and even closing the regional parliament,” according to expert Javier Perez Royo from the University of Seville.

Madrid may also decide to call new elections in the region, hoping to block independence ambitions.

However, such measures could inflame tensions in a region that, while divided over separatism, prides itself on autonomy.

Prime Minister Rajoy also cannot invoke Article 155 unilaterally. He would need to inform the Catalan leadership of his intention first, allowing Mr Puigdemont time to consider it.

Next, Prime Minister Rajoy will work with the Spanish Senate, which is currently controlled by Mr. Rajoy's PP party.

A committee must back the prime minister's proposal, and legal measures would lead to a vote.

An unnamed senator said the process could take a week. Perez Royo said it could take 8-10 days.

However, Professor Carlos Vidal, a law expert at UNED University in Madrid, told the newspaperLa Razonthat within a week Madrid could start taking back powers from Catalonia. But Article 155 does not outline a comprehensive solution to Catalonia's autonomy and the constitution does not specify a timeframe for exercising direct control.

Can Madrid use other tools?

90% of voters in the October 1 referendum supported Catalonia's separation from Spain. Photo: AP

Article 155 is just one of several options the Spanish Prime Minister could use to block Catalonia's secession plans.

The government can declare a state of emergency, among other measures, which by law can lead to restrictions on the “freedom of movement and assembly” of citizens.

And a law signed in 2015 could allow Madrid to argue that the Catalan crisis has led to a “situation affecting national security” and could take additional powers.

In an interview over the weekend, Prime Minister Rajoy declared that Madrid could use every weapon in its legal arsenal to prevent Catalonia from becoming independent.

Alternatively, the government could take a step to appease the separatists who dominate the Catalan parliament.

The independence movement in Catalonia was strengthened by a ruling by Spain's Constitutional Court in 2010, which many Catalans saw as an affront.

The ruling denied recognition of Catalonia as a country within Spain, that the Catalan language should not be given priority over Spanish in the region, and measures that would have given Catalonia more financial autonomy were rejected.

The Constitutional Court acted after Prime Minister Rajoy's party requested it. Now, to defuse the crisis, Madrid could agree to negotiate and restore the autonomy that Catalonia had been stripped of.

Madrid could also amend Section 92 of the constitution, allowing a legal referendum to take place. But that seems unlikely, as such a proposal would have to come from the Spanish government and be supported by the king.

Is there a chance to settle?

Of course. Catalonia's independence is not inevitable.

Catalan leader Carles Puigdemont has previously called for talks with Madrid, but Spain has firmly refused.

Mr Puigdemont also wants international mediation in the crisis, but there is no sign of that yet, as Madrid does not want it. Europe – which is usually concerned about separatist movements – sees the crisis in Catalonia as an internal Spanish matter and is reluctant to intervene.

According to Dan Tri