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Public International Law and the Catalan Secession Process

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This article briefy identifes the aspects of public international law related to the Catalan secession process, bearing in mind that Spain is a constitutional social and democratic state governed by the rule of law and a member of both the European Union
(EU) and the Council of Europe (CoE). Over 6 years ago, on 27 October 2017, the
regional Catalan Parliament proclaimed the independence of the Autonomous Community of Catalonia. From the start, the most recondite stratum of the Catalan proindependence strategy has consistently invoked international law considerations with
no real basis. Here we explain why. First, given the function of state sovereignty (today
humanized and, in the context of the EU and CoE, democratized), under international
law, these events can only be classifed as a secession process (stricto sensu), that is, a
revolutionary act in the constitutional order of the state of Spain with undertones that
are far from peaceful. Second, we address the facet of the Catalan pro-secession strategy – typical of populist policies today – consisting of abusing terms and concepts, a
language policy that, in our view, was and still is intended to win the minds of both the
Catalan population and any other uninformed external observers. Finally, we examine how statehood is acquired under international law and its relationship to the 2017
declaration of Catalan independence and the present-day situation.

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cc-by (c)  Antonio Remiro Brotóns  Helena Torroja, 2024

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Articles publicats en revistes (Dret Penal i Criminologia, i Dret Internacional Públic i Relacions Internacional)

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Public International Law and the Catalan Secession Process