International and European institutions and Catalan nationalism

The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international significance and, because they are state organs, must always adhere to the international obligations assumed by...

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Veröffentlicht in:Hague journal on the rule of law : HJRL 2024-04, Vol.16 (1), p.189-216
1. Verfasser: Rafael Arenas Garcia
Format: Artikel
Sprache:eng
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Zusammenfassung:The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international significance and, because they are state organs, must always adhere to the international obligations assumed by the state. In Spain, the autonomous communities exercise broad powers, which, in the case of Catalonia (via the 'Generalitat'), include education, healthcare, prisons and police. Research shows that the 'Generalitat' has exercised - and, to some extent, continues to exercise - some of its powers in disregard of certain constitutional and legal obligations. This action by public authorities in disregard of the law can have international consequences, and various international organizations have expressed positions on it through their bodies. This paper examines these positions on the 'Generalitat's' actions in connection with the secession process and other related policies, including both those that have been critical of this behaviour and those that have expressed direct or indirect support for it. The practice of the European Union, the Council of Europe, and the UN Human Rights Council through its Special Rapporteur on minority issues is analysed.
ISSN:1876-4045
1876-4053
DOI:10.1007/s40803-024-00206-7