This week the High Court of Justice of Catalonia sits in judgement on the former president of the Government of Catalonia, Artur Mas, and the former ministers Joana Ortega and Irene Rigau, who are accused of having disobeyed the Spanish Constitutional Court by allowing the referendum of 9 November 2014 to go ahead. In this politically-motivated trial, which will continue until Friday, Carles Puigdemont’s government has decided to place on record all the rulings by the Constitutional Court (CC), the Supreme Court (SC) and the Spanish High Court (SHC) in Catalonia’s favour with which the Spanish government has failed to comply.

The Government of Catalonia’s spokesperson Neus Munté outlined the situation at a press conference yesterday. She pointed out that Mariano Rajoy’s government had failed to comply with rulings covering university grants, the awarding of subsidies covered by the 0.7% income tax allocation, and in the fields of environment and culture. In total, there are thirty-four rulings: three refer to university scholarships, three to the environment, four to culture and twenty-four to the social services. They are as follows:

University grants (3): all by the CC. The most recent was issued in May 2016

  1. Constitutional Court Ruling 188/2001 of 20 September, issued with regard to the order by the Ministry of Education and Science of 15 June 1994, establishing general scholarships and study grants for university studies and funds for the 1994-1995 academic year, and the order of 30 June 1997 by the Ministry of Education and Culture, establishing general scholarships and study grants for university studies and funds for the 1997-1998 academic year.
  1. Constitutional Court Ruling 25/2015 of 19 February, issued with regard to Royal Decree 1721/2007 of 21 December, establishing the system of personalised scholarships and study grants.
  1. Constitutional Court Ruling 95/2016 of 12 May, issued with regard to Royal Decree 609/2013 of 2 August, establishing the thresholds of income and family assets and the amounts of grants and scholarships for study for the 2013-2014 academic year, and announcing general grants for the 2013-2014 academic year for students studying beyond compulsory education.

Social services (24): 11 by the CC, 6 by the SC and 7 by the SHC. The most recent was issued in January 2017.

  1. Constitutional Court Ruling 178/2011 of 8 November, issued with regard to order TAS/893/2005 of 17 March, establishing the rules for awarding grants subject to the general system for grants of the Secretariat of State for Social Services and Equality.
  1. Constitutional Court Ruling 177/2012 of 15 October issued regarding order SAS/2080/2009 of 21 July, establishing the rules for awarding grants subject to the general system for grants of the General Secretariat for Social Policy and Consumer Affairs.
  1. Constitutional Court Ruling 227/2012 of 29 November, issued with regard to Order TAS/3441/2005 of 2 November, establishing the regulations and announces the award of grants to municipalities, associations of municipalities and counties to carry out innovative programmes for the integration of immigrants.
  1. Constitutional Court Ruling 226/2012 of 29 November issued with regard to Order TAS/1948/2005 of 8 June, establishing regulations and announcing subsidies for innovation projects in the social services for the year 2005.
  1. Constitutional Court Ruling 243/2012 of 17 December issued with regard to order SSI/1209/2012 of 4 June, establishing the rules for awarding grants subject to the general system for grants of the Secretariat of State for Social Services and Equality.
  1. Constitutional Court Ruling 21/2013 of 31 January, issued with regard to order TAS/892/2006 of 23 May, establishing the regulations and announcing the granting of subsidies for cooperation and social volunteering programmes covered by the personal income tax allocation.
  1. Constitutional Court Ruling 26/2013 of 31 January, issued with regard to Order TIN/2158/2008 of 18 July, establishing the regulations for granting subsidies to local institutions for carrying out innovative programmes for the integration of immigrants and against the decision by the Directorate General for Integration of Immigrants of 11 August 2008, which announced the award of grants to municipalities, associations of municipalities and counties to carry out innovative programmes for the integration of immigrants.
  1. Constitutional Court Ruling 52/2013 of 28 February, issued with regard to order SAS/1352/2009 of 26 May, establishing the regulations and announcing the granting of subsidies for cooperation and social volunteering programmes covered by the personal income tax allocation.
  1. Constitutional Court Ruling 70/2013 of 14 March, issued with regard to order SSI/1199/2012 of 4 June, establishing the regulations and announcing the granting of subsidies for cooperation and social volunteering programmes covered by the personal income tax allocation.
  1. Constitutional Court Ruling 154/2013 of 10 September, issued with regard to the resolution of the Directorate General for Immigration of 14 July 2008, announcing public grants for the provision of places of accommodation.
  1. Constitutional Court ruling of 19 January 2017, issued with regard to the resolution by the Secretariat of State for Social Services and Equality of 18 May 2016, announcing state subsidies intended for programmes of general interest covered by the personal income tax allocation.
  1. Supreme Court Ruling 8750/2011 of 16 December 2011, issued with regard to order TAS/592/2008 of 29 February, establishing the regulations and announcing the granting of subsidies for cooperation and social volunteering programmes covered by the personal income tax allocation.
  1. Supreme Court Ruling 4591/2012 of 18 June 2012, issued with regard to order TAS/421/08 of 19 February, establishing the regulations for awarding grants subject to the general system for grants of the Secretariat of State for Social Services, Families and Disability.
  1. Supreme Court Ruling of 20 October 2015, issued with regard to Order ESS/1744/2012 of 2 August, establishing the regulations for granting subsidies to local institutions for carrying out innovative programmes for the integration of immigrants.
  1. Supreme Court ruling of 21 May 2015, issued with regard to Royal Decree 535/2013 of 12 July, establishing the regulations for awarding grants to Spanish third sector institutions cooperating with the Secretariat of State for Social Services and Equality.
  1. Supreme Court Ruling of 15 March 2016, issued with regard to Royal Decree 536/2013 of 12 July, establishing the regulations for state subsidies intended for programmes of general interest covered by the personal income tax allocation within the scope of the Secretariat of State for Social Services and Equality.
  1. Supreme Court Ruling of 28 November 2016, issued with regard to the ruling of 14 May 2013, announcing subsidies in the area of ​​integration of immigrants.
  1. Spanish High Court Ruling of 27 March 2013, issued with regard to the ruling of the General Secretariat for Social Policy and Consumer Affairs of 12 August 2009, announcing grants in the general subsidies system in the area of ​​care for people with disabilities for 2009.
  1. Spanish High Court Ruling of 24 July 2013, issued with regard to Order TIN/2158/2008 of 18 July, establishing the regulations for granting subsidies to local institutions for carrying out innovative programmes for the integration of immigrants and against the decision by the Directorate General for Integration of Immigrants of 11 August 2008, which announced the award of grants to municipalities, associations of municipalities and counties to carry out innovative programmes for the integration of immigrants.
  1. Spanish High Court Ruling of 30 December 2013, issued with regard to order SSI/1209/2012 of 4 June, establishing the regulations for awarding grants subject to the general system for grants of the Secretariat of State for Social Services and Equality.
  1. Spanish High Court Ruling of 20 November 2013, issued with regard to Order ESS/1744/2012 of 2 August, establishing the regulations for granting subsidies to local institutions for carrying out innovative programmes for the integration of immigrants.
  1. Spanish High Court Ruling of 12 February 2014, issued with regard to the resolution by the Secretariat of State for the Social Services and Equality of 24 September 2012, announcing grants in the areas of the social services, families and children for the year 2012.
  1. Spanish High Court Ruling of 28 September 2016, regarding order SPI/1166/2011 of 28 April, establishing the regulations for awarding grants subject to the general system for grants of the General Secretariat for Social Policy and Consumer Affairs.
  1. Spanish High Court Ruling of 30 November 2016, issued with regard to the resolution of the Secretariat of State for Social Services and Equality of 9 April 2014, announcing grants for Spanish third sector institutions cooperating with the Secretariat of State for Social Services and Equality.

 

Culture (4): all by the CC. The most recent was issued in October 2013.

  1. Constitutional Court Ruling 109/1996 of June 13, issued following the positive conflict of competences 2390/1989, with regard to certain provisions of the order of 10 July 1989, which regulates subsidies and grants to museums within the Spanish museums system by agreement with the Ministry of Culture.
  1. Constitutional Court Ruling 71/1997 of 10 April, issued as a result of the combined conflicts of competences 2033/1990 and 2745/1990, sponsored with regard to the order of the Ministry of Culture of 16 March 1990 establishing the regulations governing grants to the Spanish book sector, and the order of the Ministry of Culture of 30 July 1990 on financial aid for investment in the book industry.
  1. Constitutional Court Ruling 89/2012 of 7 May 2013, issued following the conflict of competence 5854-2008 with regard to certain provisions of the ruling of the Spanish Institute of Performing Arts and Music of 13 March 2013, announcing grants for the new generation of theatres for the year 2008.
  1. Constitutional Court Ruling 179/2013 of 21 October 2013, issued as a result of the conflict of competence 190-2013, regarding certain provisions of the ruling of the Secretary of State for Culture of 31 August 2012, announcing grants for local corporations for cultural activities promoting cultural communication for the year 2012.

Environmental issues (3): 2 by the CC and 1 by the SC. The most recent was issued in July 2016.

  1. Constitutional Court Ruling 144/2014 of 22 September 2014, issued with regard to order ARM/2876/2008 concerning aid for grants to associations and non-governmental organisations for activities related to the defence of the environment and biodiversity, the sustainable use of natural resources and the prevention of pollution and climate change.
  1. Constitutional Court Ruling 113/2013 of 9 May 2013, issued with regard to order ARM/1593/2009, concerning grants to associations declared in the public interest and foundations affiliated to the protectorate of the Ministry for the Environment, Rural and Marine Affairs, for environmental reasons of social interest.
  1. Supreme Court ruling of 21 July 2016, issued with regard to Royal Decree 699/2013 of 20 September, establishing the regulations for awarding grants to Spanish third sector institutions and non-governmental organisations carrying out activities of general interest deemed to be of public interest in protecting the environment.

European law
However, the Spanish government’s failure to comply with the law does not only apply to Spanish legislation. According to the European Parliament’s report on “Monitoring the application of European Union law,” Spain is one of the countries that are most frequently in breach of European Union law, and the third-ranked country in terms of cases opened for failing to comply with European laws. Furthermore, according to the report, it is the country that most frequently fails to enforce rulings by the European Union Court of Justice.

More breaches
In addition to the rulings by the CC and the SC, and European legislation and the rulings of the ECJ, the Government of Catalonia also highlighted other failures by the Spanish government to comply with the law. These include legal rulings on issue of financing, infrastructure and hosting refugees.

—The financing model. The new model should have come into force on 1 January 2014 – more than three years ago.

—Insufficient funding of the Dependency Law. The law stipulated public funding in equal proportions between the Spanish government and the governments of the autonomous communities. The proportion in 2015 was: 82% by the Government of Catalonia and 18% by the Spanish Government. The figures for the end of the year 2016 are expected to be very similar.

—Third additional provision of the Statute of Autonomy of Catalonia. 3,808 million Euros pending payment. Repeated failure by the Spanish government to invest in Catalonia in accordance with its economic importance.

—Suburban railway plan 2008-2015. The initial figure of 4,000 million Euros was reduced to an urgent allocation of 306 million Euros by the Minister Ana Pastor between 2014 and 2016. Only 5% of this figure has been invested in the service.

—Hosting of refugees. Spain had failed to meet its commitment to the EU to take in 17,337 refugees. At present 398 have relocated to Spain. And only 124 have arrived in Catalonia. From the outset, the Government of Catalonia announced that it was prepared to accommodate 4,500 refugees and informed the European Commissioner for immigration of this.

—’The Salamanca Papers ‘. It took more than eleven years for all the documents seized during the Civil War of 1936-1939 to return to Catalonia.

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