The Spanish question, House of Commons (31 JAN 1939)

The Spanish issue, and relations with Germany and Italy, were debated in the House of Commons on 31 January 1939.
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Letter from "Your Europe Advice" on EU citizenship in an independent Catalonia

Letter from Your Europe Advice

Dear Sir/Madam, 

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution. 

Your original enquiry was:

As a UK citizen líving in Spain (over 30 years) I'm wondering whether the residence status of my fellow citizens would change should Catalonia (where I reside) become independent. 

Reply from Your Europe Advice

Dear Sir, 

Thank you for getting in touch with Your Europe Advice. 

Your question relates to what status under EU law would an independent Catalunia acquire. 

Would it be outside the EU, or would it be inside the EU. 

Legal opinion is divided at the moment. 

The same issues concern Scotland and potentially other regions in Europe (Flanders?). 

The E.U. may be seen as a guarantor of economic stability, but can portions of member states secede within the E.U. framework? The simple answer is yes. Formally, states are sovereign, and it is legally possible for substate regions to secede. The E.U. institutional apparatus does not recognize the possibility of secession, but it does not legally preclude it. 

Seceding states, however, do not automatically enjoy treaty rights. It is the predecessor state that retains existing rights and memberships. To be admitted to the E.U., a nation must receive unanimous support among member states and be approved by a vote in the European Parliament. Could the seceding states win admission? More to the point, would the rump Spanish State seriously consider vetoing the admission of Catalonia into the EU fold? 

If such a case were to arise, the residence status of your fellow citizens (we assume you mean UK citizens?) would be that they would be residing in a third country. 

The European treaties provide that the status of E.U. citizenship is afforded to "every person holding the nationality of a member state" albeit that "citizenship of the union shall be additional to and not replace national citizenship." In the case of Ruiz Zambrano, the Court of Justice of the European Union said that national measures cannot deprive E.U. citizens of the "genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the union." 

If Catalonia's independence cannot deprive its heretofore British national residents of their E.U. citizenship rights, then it makes political and legal sense for an independent Catalonia to be recognized as an E.U. member state. 

The question you raise is entirely hypothetical, but we hope this has clarified some of the questions you had. 

We hope this answers your query. 

We remain at your disposal, should you require further information. 

Your truly, 

Your Europe Advice. 

Would the UK army regard it as a sign of contempt if the UK prime minister appointed a Scotsman or a Welshman to head the Ministry of Defence?

I have done my best to translate the news item from the Spanish press: a military association regards the appointment of a Catalan (woman) to the post as a sign of contempt!

http://www.elecodiario.es/espana/noticias/471448/04/08/Gobierno-ame-ve-un-desprecio-poner-a-chacon-en-defensa-por-ser-mujer-catalana-y-embarazada.html

A.M.E. sees "contempt" in Chacón being put in charge of Defence, for being "a woman, Catalan and pregnant"

MADRID, 12 (SERVIMEDIA) The Asociación de Militares Españoles (AME) stated today that the appointment of Carme Chacón as new minister of Defence means a "contempt" for the Army for being "a woman, Catalan and pregnant".

In declarations to Servimedia, the president of AME, José Conde, confessed to having been “shocked” when he heard that Zapatero had chosen Chacón as minister of Defence, since it seems as if he wants "to annoy" the soldiers.

Conde stated that they "are many things" that make him reject the appointment of Chacón, since several of her characteristics make her hardly compatible with the post she is going to occupy.

Besides criticizing the "ignorance" of the military career that Chacón has, he warned that a Catalan is not the most suitable person to be minister "given what may happen" when the Constitutional Court issues its decision on the appeal against the Statute of Catalonia.

"It is clear that the armed forces have to defend the unity of Spain and, if the Statute breaks it overnight, what is going to happen? Besides, after the burning of the photos of the King, Zapatero appoints a Catalan. “Does he mean this to be a provocation, or what?", added.

Conde criticized that a pregnant woman is going to be minister of Defence when "many men and many women could be chosen from" but he admitted that that is a "temporary" problem.

Finally, the president of AME asked Chacón to make the right decisions in her new post, and to listen to the demands of the soldiers’ associations.

(SERVIMEDIA) 12-APR-2008 PAI/jrv

See http://www.ame1.org/tribuna_lst.asp#