It's the ballot box, stupid!

Esther Vera
3 min
Són les urnes, estúpids!

It is the ballot box and nothing but the ballot box which gives political projects their legitimacy. It’s only the ballot box which will show whether the majority of Catalans wish to be independent and it’s the ballot box which will expose the abuses of power and the judicialisation of Spanish politics for the whole world to see.

The European Court of Justice (ECJ) has taught the Spanish Supreme Court and its president Judge Marchena a momentous lesson. The message couldn’t be clearer: a candidate becomes an MEP at the precise moment the results are announced, and furthermore, they benefit from the immunity which comes with the post.

By legally protecting the wishes of its citizens and its elected members above and beyond the countries to which they belong, the ECJ has taken a giant step towards the creation of a European demos. This celebrated supranationality has caused a certain section of Spain to suffer a nervous breakdown which leads one to wonder whether they ever actually understood what Europe truly represents and their obligations, with concepts such as the principle of subsidiarity, which holds that political issues ought to be taken at the lowest level possible for reasons of efficiency.

From a pro-European point of view this is great news, providing some much-needed oxygen at a time when Euro-scepticism has ceased to be the issue, but rather the very idea of Europe itself. It caused Vox and certain media organisations to invoke the Army of Flanders [a multinational army in the service of the kings of Spain, based in the Netherlands between the 16th and 18th centuries] and call on the country to throw off the yoke of Europe. Meanwhile, the small minority of pro-independence supporters who in the past had been keen on pulling Catalonia out of the EU and the euro, have been given food for thought, leading them to adopt a pro-European strategy on this issue.

The ECJ’s decision changes everything and presents the Supreme Court with a veritable dilemma since it is faced with a definitive verdict, meaning -if it acts true to form- it will have to summon its typical legal creativity to justify keeping Oriol Junqueras in prison and resolve the question of his immunity. Meanwhile, the demands made by the MPs in exile and President Carles Puigdemont are becoming even harder to deal with.

As for the acting Spanish government, the ECJ’s verdict could serve to nudge negotiations from a repressive, judicial path towards a political one, from where democratic independence movements should never have been excluded in the first place. This is a good opportunity for those who are committed to seeking a stable solution to the conflict which exists between Catalonia and Spain. A long-term solution which ought to be led by negotiators who don’t believe in miracles and who have no desire to "put Catalonia through the wringer" or act with "nationalistic swagger".

The court’s verdict is significant for many reasons: it gives Sánchez’s PSOE more room to negotiate, as it can now claim that any new gestures have been forced on them by the European justice system. The ruling also strengthens ERC's negotiating position. Yesterday’s meeting of its national council passed without incident, adding to the legitimacy provided by having members in prison and in exile. ERC has spearheaded a collective change in the strategy with which it seeks to occupy the mainstream pro-independence position.

Pere Aragonès, ERC’s new leader, now has the full backing of Oriol Junqueras and the party’s members to engage in politics in a different, better way than he did at the end of 2017. The negotiators have a chance to reach an agreement without giving the powers that be in Spain time to prevent Pedro Sánchez from joining forces with the pro-independence parties. It is the time to gain stability in the negotiations, to make it clear that Catalan politics is not prepared to gamble, and that the independence vote remains stable at the ballot box, while remaining aware that neither cunning nor self-delusion will help it to determine its true strength.

The harsh reality is that the Speaker of Parliament is in prison, as are the leaders of grassroots organisations, the Vice President, and half of the cabinet. Now is a good time to take stock, to realise that the state is prepared to pay any price in terms of the fragility of its democratic and institutional system, and also that it is time to understand that there’s more to Catalonia than Osona [the pro-independence heartland] and that the country’s unity depends on a respect for its diversity. Now is the time to take a risk, to engage in realpolitik, with a firm grip on reality, while never forgetting that the ballot box holds the key. Nothing but the ballot box, in any vote that takes place, will lend legitimacy to a demand which for a substantial part of Catalonia there is no turning back on.

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