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16 Hague J. on Rule L. 1 (2024)

handle is hein.journals/hagjuote16 and id is 1 raw text is: Hague Journal on the Rule of Law (2024) 16:1-2 https:Ildoi.org/l 0.1007/s40803-024-00214-7 FOREWORD International and European Law and the Catalan Secession Process: Rule of Law, Human Rights and Democracy at Stake? HelenaTorroja' Published online: 27 March 2024 ŠT.M.C. Asser Press It is a pleasure to present this special issue of the Hague Journal on the Rule of Law on the role of international and European law in the Catalan secession process (2012-2017). It was a secession (stricto sensu) process-as opposed to one of devo- lution or transfer of sovereignty, as in the cases of Quebec or Scotland-because it was undertaken in violation of the 1978 Spanish Constitution. And it took place in Spain, a rule-of-law or constitutional democracy and member of the European Union and Council of Europe, after almost half a century of construction of a strong democracy. Certain traits of the Catalan secession process have justified its study from an international and European perspective. The first is the deep-seated social polariza- tion and internal tension, not only in Catalan society but in contemporary Spanish society as a whole. This social tension is due, in part, to the conjunctural situation of violation of the rule of law, of the rights of a minority in Catalonia and of the majority Spanish right of internal self-determination and, in part, to a structural situ- ation of peripheral nationalism. The second is the policy, typical of populism, of abusing terms and concepts, many with an international content (democracy, self- determination and so on), to win the minds of a citizenry with little, if any, educa- tion regarding what democracy is and the basic content of international law. The third is the constant references to and allegations of international law, as if it always took precedence over the Spanish Constitution, possibly with the aim of garnering the support of the international community. This policy additionally prompted some of the actors in the secession process to submit communications to various interna- tional human rights and political bodies. The research methodology has mainly been to examine the facts from the per- spective of the rule of law, human rights and democracy as protected and defined by international and European law. These three values have formed the core of inter- national and European law since the end of World War II. Although they are given E Helena Torroja htorroja@ub.edu Associate Professor of Public International Law, University of Barcelona, Barcelona, Spain Springer 0 ASSER