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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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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

(p.300) 17 Regional Defiance and Enforcement of Federal Law in Spain
The Enforcement of EU Law and Values

Alberto López-Basaguren

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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