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October 31, 2017

Spain-Catalan Conflict: In Belgium for 'safety', axed Catalan leader is summoned to Spain court

Spain's top criminal court on Tuesday (Oct 31) summoned Catalonia's axed separatist leader for questioning, hours after he appeared in Brussels insisting he remained the "legitimate president" of a region now under direct rule from Madrid.\

The National Audience in Madrid, which deals with major criminal cases, summoned Carles Puigdemont and 13 other former members of his administration, dismissed by Spain's central government last week, for Thursday and Friday.

The 14 are then set to be placed under formal investigation.

On Monday, Spain's chief prosecutor said he was seeking charges of rebellion - punishable by up to 30 years behind bars - sedition and misuse of public funds.

But the 54-year-old Puigdemont is in Brussels, where he surfaced after reportedly driving hundreds of kilometres to Marseille in France and taking a plane to the Belgian capital.

At a packed and chaotic news conference at the Brussels Press Club earlier on Tuesday, Puigdemont said he was there "for safety purposes and freedom" and to "explain the Catalan problem in the institutional heart of Europe."

"We want to denounce the politicisation of the Spanish justice system, its lack of impartiality, its pursuing of ideas not crimes, and to explain to the world the Spanish state's serious democratic deficiencies," he said.

He denied that he intended to claim asylum but said he and several other former ministers who travelled with him would return only if they have guarantees that legal proceedings would be impartial.

If Puigdemont and his former ministers fail to appear in court as requested, Spanish prosecutors could order their arrest.

And if they are still in Belgium when that happens, Spain could issue an international arrest warrant.

The National Audience also gave Puigdemont and his former ministers three days to pay a combined deposit against potential penalties of €6.2 million (US$7.2 million).

Read more: In Belgium for 'safety', axed Catalan leader is summoned to Spain court - Channel NewsAsia

Spain's direct rule takes hold in Catalonia as secessionists accept elections

"The party is over" for Carlos Puigdemont
Reuters reports that Spain's direct rule over Catalonia took hold smoothly on Monday as employees ignored calls for civil disobedience to turn up for work, and secessionist parties agreed to stand in new elections, implying acceptance that the regional government was dissolved.

Ousted Catalan President Carles Puigdemont travelled to Belgium with several other members of his sacked administration, a senior member of Spain's ruling People's Party said. After a day of rumours on his whereabouts, Umberto Gambini, the head of office of Catalan legislator Ramon Tremosa, on Monday said, "He is in Brussels.Yes confirmed.

Spain's state prosecutor, Attorney-General Jose Manuel Maza, called for charges of rebellion and sedition, as well as fraud and misuse of funds, to be brought against Catalan leaders.

Some of the most prominent ousted Catalan leaders, including Puigdemont and Vice-President Oriol Junqueras, had said they would not accept their dismissal. But their respective parties, PdeCat and Esquerra Republicana de Catalunya, said on Monday they would take part in the election, a tacit acceptance that parliament had been dissolved.

A call for widespread civil disobedience from the main civic groups behind the secessionist campaign failed to attract many followers. Most public sector workers such as teachers, firefighters and the police started worked as normal on Monday and there was no sign of widespread absenteeism.

A trade union, Intersindical-CSC, which had called for a general strike in Catalonia, said on Monday it had cancelled it.

There were no signs of any spontaneous demonstration taking place.

Two opinion polls also showed support for independence may have started to wane. A Sigma Dos survey published in El Mundo showed 33.5 per cent Catalans were in favour of independence while a Metroscopia poll published by El Pais put that number at 29 per cent. This compared to 41.1 per cent in July according to an official survey carried out by the Catalan government.

Opponents of secession largely boycotted the Oct. 1 referendum, when participants voted overwhelmingly for independence on turnout of 43 per cent.

Note EU-Digest: It is hoped that the Belgian Government puts the rebellious Catalan leaders back on an airplane to Spain, where they can be prosecuted for inciting rebellion against the legitimate government of Spain.

Read more: Spain's direct rule takes hold in Catalonia as secessionists accept elections - World - CBC News

October 29, 2017

Spain: The illegal Catalonia independence: Huge Barcelona Pro-Spain Unity Rally

Some 1 million Pro-Spain Unity demonstrated today in Barcelona



Hundreds of thousands are attending a rally for Spanish unity in Barcelona after Catalonia was stripped of its autonomy for declaring independence.
Many of those protesting in the region's largest city chanted that sacked Catalan leader Carles Puigdemont should be jailed.

Mr Puigdemont was dismissed as Spain's central government took control of Catalan institutions.

On Sunday, a minister in Belgium said he could get political asylum there.

Spain has been gripped by a constitutional crisis since a referendum, organised by Mr Puigdemont's separatist government, was held earlier this month in defiance of a ruling by the Constitutional Court which had declared it illegal.

The Guardia Urbana, a Catalan municipal police force, said at least 300,000 people had turned out in Barcelona. Organisers and the government in Madrid put the turnout a more than a million people.

Veteran Catalan politician Josep Borrell, a former president of the European Parliament, told demonstrators that Catalonia's former separatist leaders had no right to speak on behalf of the entire region.

Among the demonstrators was Marina Fernandez, a 19-year-old student, who said she was unhappy with the actions taken by the Catalan authorities.

"I am enraged about what they are doing to the country that my grandparents built," she told the AFP news agency.

Another protester, Maria Lopez, told Reuters news agency: "What do we want? That they don't break us up. This is a disgrace. We are not going to consent. They are shameless, shameless, and Mr Puigdemont needs to be taken to prison."

Read more: Catalonia independence: Huge Barcelona pro-Spain rally - BBC News

Spain: Catalonia: Not one country in the world has so-far recognized Catalonia's declaration of independence

Carles Puigdemont: "to be or not to be?
Spain’s Senate on Friday voted to grant Madrid powers to impose direct rule on Catalonia, shortly after the semi-autonomous region’s parliament approved a motion declaring independence
.
Herewith are five questions about what it means to make a unilateral declaration of independence:

Known by its acronym UDI, the term was first coined in 1965 when the former Rhodesia’s minority white government declared unilateral independence from British colonial rule.

The process itself is when a new state is established within an existing country, declaring itself sovereign and independent without the consent of the entity, country or state from which it is seceding.

“Any entity has the right to declare its independence. But to become a state that of course requires a territory, a population and authorities,” said Jean-Claude Piris, a Brussels-based international law consultant and former EU legal services director for 23 years.

“But what matters most is recognition by the international community,” he said. “Everyone has the right to issue a declaration of independence, but that in itself has no international consequence.”
Piris said very few countries will recognize Catalonia and “I guarantee you no one will recognize them” in the EU.

“Therefore it will remain an empty declaration: Catalonia will not be represented in international organizations, they will not sit in the EU, they will not be able to do anything and legally they will remain part of Spain,” he said.

Is Catalonia’s UDI legal and what will happen next: -

“What matters now is what will happen nationally and in the streets,” said Piris.

“Are there going to be demonstrations, barricades? Will people accept and submit” if Spain triggers Catalan guardianship . . . “or will there be violence?”

Spain “experienced a civil war not so long ago and just before World War II,” Piris pointed out.

If Catalonia becomes an independent state the implications “cannot be underestimated” said Narin Idriz, a researcher at the Hague-based Asser Institute
.
“All European Union member states cherish their territorial integrity, they will not want the same thing to happen to them, therefore it will be very difficult to find any support,” she said.

Bottom-line: at this point deposed Catalan leader Mr.Carles Puigdemont declaration of independence is not recognized by any country, and he personally risks arrest if he continues to defy the Spanish Constitution.

EU-Digest

October 27, 2017

Spain moves to take over Catalonia after region declares independence - by W. Booth and P.Rolfe

The Spanish Senate gave the central government in Madrid unprecedented powers over Catalonia on Friday, just minutes after the breakaway region declared independence, sharply escalating a constitutional crisis in the center of western Europe.

The two votes  one for independence, one to restore constitutional rule — came in dueling sessions of parliaments in Barcelona and Madrid.

The central government easily won permission to take over control of Catalonia. Meanwhile, secessionists in Catalonia faced bitter recriminations from Catalan foes who called the move for nationhood a coup and a historic blunder, a month after a referendum that backed a split from Spain.

Spain quickly began to move against what it views as an insurrection. The constitutional court started proceedings against the Catalan parliament’s declaration of independence. There were also reports that Spanish prosecutors were preparing to file rebellion charges against Catalan President Carles Puigdemont.

The widening impasse has left little middle ground in Spain for possible compromises and has spilled over to the European Union, whose leaders fear another internal crisis after major upheavals, such as the historic-vote and Britain's exit from the bloc and obviously also "the election of anti-EU United States President Trump

Read more: Spain moves to take over Catalonia after region declares independence - The Washington Post

Spain: Catalonia braces for Spain takeover as two sides remain deadlocked - by M. Fiske and L.King

In a crowd outside Catalonia's ornate regional headquarters in Barcelona, two men argued fervently. One was for independence from Spain, the other against.

Like others elsewhere in Catalonia, Xaui Nicolau, 41, and Juan Antonio Martinez, 67, argued over whether the northeastern region's president, Carles Puigdemont, had miscalculated by refusing to renounce secessionist aims.

Puigdemont, in a speech Thursday, ruled out early parliamentary elections — some observers thought holding the elections might help stave off Madrid's takeover — but not independence.

Now, with the Spanish government poised to strip Catalonia of its regional autonomy and remove Puigdemont as soon as Saturday, Nicolau said a unilateral declaration of independence was "the only option" remaining.

But Martinez, like officials in Madrid, staunchly insisted that Catalonia's independence drive was illegal. "It's the way you did it," he said. "It's not constitutional." Spain's Senate is to vote Friday on implementing direct rule in Catalonia to quell its independence bid — a step never before taken in Spain's democratic era by the central government.

After Puigdemont spoke, the regional parliament convened to try to plot a course in the face of Spain's looming deadline. The talk continued into the night before recessing until Friday morning.

Read more: - Catalonia braces for Spain takeover as two sides remain deadlocked – LA Times

October 26, 2017

EU Citizens Privacy Rights: EU privacy regulators increase pressure on WhatsApp over data sharing

European Union privacy regulators rapped WhatsApp on the knuckles for not resolving their concerns over the messaging service's sharing of user data with parent company Facebook, a year after they first issued a warning.

The popular messaging service changed its privacy policy last year to start sharing users' phone numbers and other information with Facebook. That drew widespread regulatory scrutiny across Europe, and WhatsApp subsequently suspended the data sharing for EU users.

In a letter sent to WhatsApp on Tuesday and published on Wednesday, the group of EU data protection authorities - known as the Article 29 Working Party - said the company had still not resolved its concerns about getting user consent for the data sharing.

They noted that the information given users about the privacy policy update was "seriously deficient as a means to inform their consent."

"Whilst the WP29 (Article 29 Working Party) notes there is a balance to be struck between presenting the user with too much information and not enough, the initial screen made no mention at all of the key information users needed to make an informed choice, namely that clicking the agree button would result in their personal data being shared with the Facebook family of companies," the letter said.

The Irish data protection authority - which has jurisdiction over Facebook in the EU because the company's European headquarters are in Dublin - said in April that it hoped to reach a deal in the coming months on the data sharing with WhatsApp.

"Over the last year we have engaged with data protection authorities to explain how our 2016 terms and privacy policy update apply to people who use WhatsApp in Europe. We remain committed to respecting applicable law and will continue to work collaboratively with officials in Europe to address their questions," a WhatsApp spokesman said.

The WP29 also said users' consent was not freely given as WhatsApp effectively adopted a "take it or leave it approach in which users either signal their 'consent' to the sharing of data or they are unable to avail themselves of WhatsApp's messaging service."

A new EU data protection law will come into force in May which will give regulators the power to fine companies up to 4 percent of their global turnover, a huge increase compared with the present levels.

Read more: EU privacy regulators increase pressure on WhatsApp over data sharing