The independence process of Catalonia and the Constitutional Court doctrine: a systematic view

This article realizes a systematic organization and analysis of the decisions taken by the Spanish Constitutional Court concerning the measures adopted by the Generalitat of Catalonia conducive to the attainment of independence by this Autonomous Community since 2013. The decisions analyzed here are final judgements and procedural judicial orders that have established relevant constitutional jurisprudence, as much on substantial issues directly affected by the Catalonian independence process - the sovereignty of the Spanish nation, the primacy of the Constitution, the referendum - as on other peripheral issues. The Constitutional Court concludes that neither the mentioned activities of the Generalitat of Catalonia conducive to the attainment of independence by this Autonomous Community, nor the legal instruments used so far for this purpose may be accepted within the framework of the Spanish Constitution of 1978 and the Statute of Autonomy of Catalonia, which is a constitutional offspring.