The most important thing will be continuing to participate
in the European Economic Area, and Spain can’t keep that from happening
Last Tuesday the Barcelona-based daily, El Periódico, highlighted a response from the European Commission
(EC) to one of my parliamentary petitions. The EC has now finally answered what
the PP and PSOE have asked for such a long time: “If part of a country becomes
a new independent State it will become a third country and the treaties would
no longer be applicable.” Let’s take this bit by bit. The EC has given me
different answers to my questions on this matter. On November 12, 2012: “It’s
not up to the EC to state a position on matters of internal organization of its
member states.” On February 23, 2013: “The conditions of the EU treaties are
decided by its member states.” Does the recent answer have anything to do with
the growing political pressure and to the fact that some of the commissioners
finish their terms after the upcoming European elections?
It is the European Court of Justice in Luxembourg, and not
the European Commission, which interprets the treaties of the EU and it is the
International Court of Justice in the Hague that has the last word in the case
of a unilateral separation of a Catalonia expelled from the EU. Its recent
decision on Kosovo, however, was not exactly in Spain’s favor. In addition, in
the European Parliament, the PP and PSOE have been isolated and have roundly
lost various votes when they have tried to block Kosovo’s entry into the EU.
They have also been left alone on votes on the Single European Patent, the
central rail crossing of the Aragonese Pyrenees, and the Parot Doctrine.
The exit from the EU would be just as long a process as
entry is. In Brussels they say that if Great Britain votes to leave the EU in
2015, the negotiations will go on for years and the EU will try to preserve the
application of as many of the EU regulations
as possible. Scotland is not Turkey. The previous argument
reinforces the idea that an independent Catalonia would have enough time to
renegotiate from the inside its reincorporation
into the EU. That’s what expert Graham Avery wrote in an article published on
the British Parliament’s website: an independent Scotland would negotiate from
the inside its quick reincorporation into the EU. Avery defends the fast track and discards the idea that
Scotland should have to get in line after Turkey, as Spain has said. The Economist, the most influential weekly
economics magazine in the world and a proponent of a ‘no’ vote in Scotland,
maintains in an article about Scotland (November 3, 2012) that “its candidacy
would be fast-tracked by the European Commission, with a heavily EU-dependent
Spain ultimately unlikely to oppose it.”
The EU is still just a union of states, nothing close to a
federal Europe, with an annual budget only four times larger than that of the
Catalan Generalitat government (130 billion, or 0.8% of the GDP of the EU-28).
In the EU, Spain is famous for its record of non-compliance and faulty
implementation of EU regulations, and has hundreds of ongoing complaints for
illegal aid to the State. Those that from Madrid call for a strict and literal
application of the law are not exactly the best students to be asking for
expulsions.
The most important thing for Catalonia is to keep
participating in the European common market—the European Economic Area
(EEA)—that guarantees the free movement of goods, persons, services, and
capital among the EEA countries and is the true source of progress and wealth
in Europe. This is the great European success story of the 20th
century, that today is being imitated by other continents creating similar free
movement treaties. Switzerland, Norway and Andorra—which aren’t members of the
EU—have agreements with the EU in order to be part of this special Area.
If Catalonia were expelled from the EU, it is the EU that
would have the exclusive jurisdiction for negotiating agreements with respect
to the EEA, and since the Treaty of Lisbon, unanimity is not required for
approval: Article 207 establishes that they can be approved by a supermajority
of countries (two thirds) along with a favorable vote in the European
Parliament.
Spain doesn’t on its own have the right or the capacity to
effectively veto Catalonia’s membership in the EEA, which today comprises 500
million people. Spain does not have the capacity to rally a blocking minority
in the EU (one/third) to expel Catalonia from the EEA: here in Catalonia there
are 4000 European multinationals that will never allow themselves to be
expelled from the EEA.
A country’s potential for leadership in the EU does not come
from its size but rather from its good practices with respect to other member
states. That is why some small countries are leaders and some large countries
are not. Brand Spain these days is valued below zero on the EU scale, as
Ignacio Molina, a professor in Madrid, explained recently in a devastating
article for the Elcano Foundation, also based in Madrid (March 13, 2013). The
PP and the PSOE would do well to negotiate with Catalonia as Cameron has done
with Scotland. As The Economist said
(December 22, 2012), “with the outlook so grim, it is no surprise that Catalan
politicians talk seriously of secession”.
Ramon Tremosa is a Member of the European Parliament for
Convergència Democràtica de Catalunya
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