The last demand of secession in Catalonia under Spanish Constitution 1978 and Lisbon Treaty

Abstract

The present document studies the political and juridical problem that the independence proposals of the catalonian nationalism represents for the Spanish State. Our thesis, beginning with de absolute compatibility between International Law and Constitutional Law, is that the answer to the question if a territorial entity can decide by itself to become independent, in a democratic Constitutional State, is necessarily negative. To sum up, we maintain that when it is not possible to appeal to the Humanitarian International Law, the seccesion is a merely internal problem of a State and, so that, it is not in the European Union Law, but in the Spanish Constitutional Law, and the democratic Theory of the Pouvoir Constituant, where you must look for a solution to the problem set up by the catalonian nationalism.