- Title Pages
- Dedication
- Avant-propos
- List of Abbreviations
- List of Contributors
- Table of Cases
- Introductory Remarks
- 1 The <i>Acquis</i> and Its Principles
- 2 On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3 Pluralism and Systemic Defiance in the EU
- 4 Infringement Proceedings
- 5 Making effective use of Article 260 TFEU
- 6 Preliminary References as a Means for Enforcing EU Law
- 7 <i>Francovich</i> Enforcement Analysed and Illustrated by German (and English) Law
- 8 The Bite, the Bark, and the Howl
- 9 Compliance and Enforcement in Economic Policy Coordination in EMU
- 10 Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11 Soft Law and the Enforcement of EU Law
- 12 Protecting EU values
- 13 A Democracy Commission of One’s Own, or What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14 Application of the EU CFR by National Courts in Purely Domestic Cases
- 15 Enforcement of Federal Law against the German <i>Länder</i>
- 16 The Enforcement of Federal Law in the Belgian Federal State
- 17 Regional Defiance and Enforcement of Federal Law in Spain
- 18 Enforcement of National Law against Subnational Units in the US
- 19 The Enforcement of ECtHR Judgments
- 20 Enforcing WTO Law
- 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
- 22 Securing Compliance with Democracy Requirements in Regional Organizations
- 23 Defiance by a Constitutional Court—Germany
- 24 Defiance for European Influence—the Empty Chair and France
- 25 Questioning the Basic Values—Austria and Jörg Haider
- 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
- 27 Weak Members and the Enforcement of EU Law
- 28 Inside but Out? The UK and the EU
- Index
Regional Defiance and Enforcement of Federal Law in Spain
Regional Defiance and Enforcement of Federal Law in Spain
The Claims for Sovereignty in the Basque Country and Catalonia
- Chapter:
- (p.300) 17 Regional Defiance and Enforcement of Federal Law in Spain
- Source:
- The Enforcement of EU Law and Values
- Author(s):
Alberto López-Basaguren
- Publisher:
- Oxford University Press
This chapter analyses three cases of challenges to the federal law in Spain. These episodes can offer an ideal opportunity to consider the resources available to the Spanish constitutional system in order to impose compliance with federal law. The first issue under discussion is the so-called ‘Ibarretxe plan’, which initially consisted of the proposal for a ‘New Political Statute’ for the Basque Country, which was rejected by the Lower House of the Spanish Parliament. The second great political challenge concerns the Catalan Parliament’s claim to the ‘right to decide’: a demand for a referendum in which Catalan citizens could decide their political future. The third episode is the ‘Atutxa case’, involving the former President of the Basque Parliament, which showcases the characteristics of criminal coercion in the event of non-compliance with Court decisions as a form of refusal to comply with federal law.
Keywords: Spain, Spanish constitutional system, Ibarretxe plan, Basque Country, Catalonia, right to decide, Catalan Parliament, Atutxa case, Basque Parliament, criminal coercion
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- Title Pages
- Dedication
- Avant-propos
- List of Abbreviations
- List of Contributors
- Table of Cases
- Introductory Remarks
- 1 The <i>Acquis</i> and Its Principles
- 2 On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3 Pluralism and Systemic Defiance in the EU
- 4 Infringement Proceedings
- 5 Making effective use of Article 260 TFEU
- 6 Preliminary References as a Means for Enforcing EU Law
- 7 <i>Francovich</i> Enforcement Analysed and Illustrated by German (and English) Law
- 8 The Bite, the Bark, and the Howl
- 9 Compliance and Enforcement in Economic Policy Coordination in EMU
- 10 Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11 Soft Law and the Enforcement of EU Law
- 12 Protecting EU values
- 13 A Democracy Commission of One’s Own, or What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14 Application of the EU CFR by National Courts in Purely Domestic Cases
- 15 Enforcement of Federal Law against the German <i>Länder</i>
- 16 The Enforcement of Federal Law in the Belgian Federal State
- 17 Regional Defiance and Enforcement of Federal Law in Spain
- 18 Enforcement of National Law against Subnational Units in the US
- 19 The Enforcement of ECtHR Judgments
- 20 Enforcing WTO Law
- 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
- 22 Securing Compliance with Democracy Requirements in Regional Organizations
- 23 Defiance by a Constitutional Court—Germany
- 24 Defiance for European Influence—the Empty Chair and France
- 25 Questioning the Basic Values—Austria and Jörg Haider
- 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
- 27 Weak Members and the Enforcement of EU Law
- 28 Inside but Out? The UK and the EU
- Index
