Competències de la Generalitat de Catalunya sobre regulació i convocatòria de consultes populars

This paper analyses the powers of the Catalan Government to regulate and call popular consultations. Firstly, theoretical, historical and comparative arguments are given to explain why the Constitutional Court should make a broad interpretation of the Constitution and let the the Autonomous Communities move forward to a more participatory democracy. A doctrine of concurrent powers between the central government and the Catalan Government is outlined with regards to the regulation of referendary consultations (reserving their authorisation for the State) and the exclusive power of the Catalan Government to regulate and call non-referendary consultations. Thus, Catalan Law 4/2010 of “Consultes Populars per via de Referèndum” is defended as being constitutional. The authorisation of referendums by the central government is also discussed. It is highlighted the paradoxical situation of there being no material limits to the reform of the Spanish Constitution according to the Constitutional Court itself (even regarding the boundaries of the State or the recognition of a hypothetical right of secession) and the impossibility of consulting the people about questions requiring constitutional reform. Finally, the paper points out that the Article 87.2 of the Constitution is the key to legitimate the juridical power of the Catalan governement to conduct a popular consultation regarding a new fiscal pact or sovereignty.