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| For E.U., Catalonia Pits Democratic Rights Against Sovereignty | For E.U., Catalonia Pits Democratic Rights Against Sovereignty |
| (about 3 hours later) | |
| BRUSSELS — The optics were terrible. Police officers in black RoboCop uniforms and Darth Vader helmets blocked ordinary citizens from voting. They beat people with batons, fired rubber bullets and wounded pensioners. All of it was captured by smartphones and news cameras and spread around the world. | BRUSSELS — The optics were terrible. Police officers in black RoboCop uniforms and Darth Vader helmets blocked ordinary citizens from voting. They beat people with batons, fired rubber bullets and wounded pensioners. All of it was captured by smartphones and news cameras and spread around the world. |
| It is the kind of violence the European Union would ordinarily condemn in high moral terms and even consider punishing. But that was not so easy this time. The nation in question was one of its own: Spain. | |
| The Catalan situation has put the European Union and its members in an awkward position. The bloc defends the fundamental democratic rights of free speech, free assembly and of individuals to vote. But while the European Union may be a union of democratic states, it is also, first and foremost, a union of sovereign states. | The Catalan situation has put the European Union and its members in an awkward position. The bloc defends the fundamental democratic rights of free speech, free assembly and of individuals to vote. But while the European Union may be a union of democratic states, it is also, first and foremost, a union of sovereign states. |
| For Brussels, however upset individual politicians may be, Catalonia is a matter for Spain, not for the European Union or its uncomfortable members, who are wary of encouraging the forces that similarly threaten to tear at many of them, as well as at the fabric of the bloc. | For Brussels, however upset individual politicians may be, Catalonia is a matter for Spain, not for the European Union or its uncomfortable members, who are wary of encouraging the forces that similarly threaten to tear at many of them, as well as at the fabric of the bloc. |
| The contradictions and relative quiet issuing from Brussels did not go unnoticed, especially by the Catalans, who are in favor of the European Union and say they would like to rejoin the bloc as an independent nation. | The contradictions and relative quiet issuing from Brussels did not go unnoticed, especially by the Catalans, who are in favor of the European Union and say they would like to rejoin the bloc as an independent nation. |
| “The fundamental rights of E.U. citizens are being damaged by this disproportionate use of violence against peaceful citizens,” said Amadeu Altafaj, the Catalan government’s representative in Brussels. “For some countries like Poland there are strict standards but when it comes to Spain, there seems to be a lot of complacency.” | “The fundamental rights of E.U. citizens are being damaged by this disproportionate use of violence against peaceful citizens,” said Amadeu Altafaj, the Catalan government’s representative in Brussels. “For some countries like Poland there are strict standards but when it comes to Spain, there seems to be a lot of complacency.” |
| The reason, however, is simple. The Catalan vote was declared unconstitutional by Spain’s own courts, and in a time of rising nationalism and populism, the last thing that the European Union wants to do is to encourage regional separatism. | The reason, however, is simple. The Catalan vote was declared unconstitutional by Spain’s own courts, and in a time of rising nationalism and populism, the last thing that the European Union wants to do is to encourage regional separatism. |
| As with the 2014 referendum in Scotland, which unlike Catalonia’s vote was held with the blessing of the central government and where independence was rejected for now, member countries fear encouraging separatists at home: the Flemish in Belgium, the Lombards in Italy, the Corsicans in France, the Transylvanians in Romania. | As with the 2014 referendum in Scotland, which unlike Catalonia’s vote was held with the blessing of the central government and where independence was rejected for now, member countries fear encouraging separatists at home: the Flemish in Belgium, the Lombards in Italy, the Corsicans in France, the Transylvanians in Romania. |
| With Britain lurching out of the European Union, there is little desire to sow even more economic uncertainty, legal disruption and moral confusion. | With Britain lurching out of the European Union, there is little desire to sow even more economic uncertainty, legal disruption and moral confusion. |
| As a measure of the sensitivity toward regional separatism, even today, five of the 28 member states of the European Union — including Spain — do not recognize the independence of Kosovo, although NATO itself fought the Serbian effort to retain the territory. Nor does the European Union support independence for the Kurds or the Crimeans. | As a measure of the sensitivity toward regional separatism, even today, five of the 28 member states of the European Union — including Spain — do not recognize the independence of Kosovo, although NATO itself fought the Serbian effort to retain the territory. Nor does the European Union support independence for the Kurds or the Crimeans. |
| So first reactions from European political leaders to the events in Catalonia were largely uniform and hardly surprising — Spain is sovereign, the referendum was illegal, but the violence was terrible and the parties should talk. | So first reactions from European political leaders to the events in Catalonia were largely uniform and hardly surprising — Spain is sovereign, the referendum was illegal, but the violence was terrible and the parties should talk. |
| That was the official position on Monday of the bloc’s executive arm, the European Commission: The Sunday vote was “not legal,” “this is an internal matter for Spain that has to be dealt with in line with the constitutional order of Spain,” and “we call on all relevant players to now move very swiftly from confrontation to dialogue.” | That was the official position on Monday of the bloc’s executive arm, the European Commission: The Sunday vote was “not legal,” “this is an internal matter for Spain that has to be dealt with in line with the constitutional order of Spain,” and “we call on all relevant players to now move very swiftly from confrontation to dialogue.” |
| The violence — alleged police brutality and the use of rubber bullets against peaceful civilians trying to exercise their franchise — was no small matter. Even if what happened in Catalonia on Sunday hardly compares to the bloodletting in Bosnia, Kosovo or the Arab awakening, it still happened in a member state of the European Union. | The violence — alleged police brutality and the use of rubber bullets against peaceful civilians trying to exercise their franchise — was no small matter. Even if what happened in Catalonia on Sunday hardly compares to the bloodletting in Bosnia, Kosovo or the Arab awakening, it still happened in a member state of the European Union. |
| “This is a P.R. disaster for Rajoy,” Steven Blockmans, an expert on European Union law and institutions at the Center for European Policy Studies in Brussels, said of the conservative Spanish prime minister, Mariano Rajoy. | “This is a P.R. disaster for Rajoy,” Steven Blockmans, an expert on European Union law and institutions at the Center for European Policy Studies in Brussels, said of the conservative Spanish prime minister, Mariano Rajoy. |
| More than that, he said, Mr. Rajoy was fueling the independence debate by his clumsy response and deepening anxiety among his European colleagues. | More than that, he said, Mr. Rajoy was fueling the independence debate by his clumsy response and deepening anxiety among his European colleagues. |
| Spain, he said, should look to his native Belgium, which has sharply devolved power to Flanders — much as Spain has already done with the Basque region. | Spain, he said, should look to his native Belgium, which has sharply devolved power to Flanders — much as Spain has already done with the Basque region. |
| “Belgium has met the desire for greater autonomy of Flanders through a process of ongoing constitutional reform,” Mr. Blockmans said. “No constitution is graven in stone.” | “Belgium has met the desire for greater autonomy of Flanders through a process of ongoing constitutional reform,” Mr. Blockmans said. “No constitution is graven in stone.” |
| But Mr. Rajoy is also worried about the knock-on effect an independent Catalonia could have elsewhere in Spain. The Basque region fought for decades against Spain for independence through an armed rebel group called ETA, which was considered a terrorist organization, and its political wing, Herri Batasuna. | But Mr. Rajoy is also worried about the knock-on effect an independent Catalonia could have elsewhere in Spain. The Basque region fought for decades against Spain for independence through an armed rebel group called ETA, which was considered a terrorist organization, and its political wing, Herri Batasuna. |
| Like the Irish Republican Army, ETA finally agreed to lay down its arms, but the Basques won significant autonomy from Spain, including control over their region’s tax receipts — one of the major demands of the Catalan leaders. Such an example points to paths out of the current crisis, Mr. Blockmans said. | Like the Irish Republican Army, ETA finally agreed to lay down its arms, but the Basques won significant autonomy from Spain, including control over their region’s tax receipts — one of the major demands of the Catalan leaders. Such an example points to paths out of the current crisis, Mr. Blockmans said. |
| The European Commission is no longer regarded by the Catalans as a neutral mediator, he said, so that role might be taken over by the Venice Commission of international lawyers, part of the Council of Europe, a separate body from the European Union, but where all the bloc’s states are also members. | The European Commission is no longer regarded by the Catalans as a neutral mediator, he said, so that role might be taken over by the Venice Commission of international lawyers, part of the Council of Europe, a separate body from the European Union, but where all the bloc’s states are also members. |
| But in any case, Mr. Rajoy, Spain and the Catalans need help to dig out from the hole they’re in, he said. “Both sides are trapped in their own logic. Just as Rajoy needs to resume dialogue on constitutional reform, the Catalans should not push the extreme envelope and risk cutting off any further negotiations.” | But in any case, Mr. Rajoy, Spain and the Catalans need help to dig out from the hole they’re in, he said. “Both sides are trapped in their own logic. Just as Rajoy needs to resume dialogue on constitutional reform, the Catalans should not push the extreme envelope and risk cutting off any further negotiations.” |
| Traditionally, the European Commission has followed the so-called “Prodi doctrine,” named after a former commission president from Italy, Romano Prodi — that a breakaway state would have to leave the bloc and could then be let back in only if it had gained independence in accordance with constitutional law in the member state it left. | Traditionally, the European Commission has followed the so-called “Prodi doctrine,” named after a former commission president from Italy, Romano Prodi — that a breakaway state would have to leave the bloc and could then be let back in only if it had gained independence in accordance with constitutional law in the member state it left. |
| Any new member state must enter with the unanimous agreement of all the others, so Spain would have a veto, but it would hardly be alone. | Any new member state must enter with the unanimous agreement of all the others, so Spain would have a veto, but it would hardly be alone. |
| The current commission president, Jean-Claude Juncker, on Friday backed “the rule of law” and has said that Brussels must respect the decisions of the Spanish government and its constitutional court. | The current commission president, Jean-Claude Juncker, on Friday backed “the rule of law” and has said that Brussels must respect the decisions of the Spanish government and its constitutional court. |
| The commission has said several times that a vote in favor of Catalan independence would only be recognized if the referendum complied with the Spanish constitution and was ruled to be legal. | The commission has said several times that a vote in favor of Catalan independence would only be recognized if the referendum complied with the Spanish constitution and was ruled to be legal. |
| Mr. Juncker has praised regional diversity but said that rich “regional traditions” should not become “elements of separatism and fragmentation of Europe.” | Mr. Juncker has praised regional diversity but said that rich “regional traditions” should not become “elements of separatism and fragmentation of Europe.” |
| Where Brussels and many European capitals have remained silent, others haven’t. Belgium’s prime minister, Charles Michel, who governs in coalition with Flemish separatists, as well as the head of the European Parliament’s socialist parties, have bothcondemned the police action and called on Madrid to start a dialogue with separatists. | Where Brussels and many European capitals have remained silent, others haven’t. Belgium’s prime minister, Charles Michel, who governs in coalition with Flemish separatists, as well as the head of the European Parliament’s socialist parties, have bothcondemned the police action and called on Madrid to start a dialogue with separatists. |
| “Violence can never be the answer!” Mr. Michel said on Twitter. His Slovenian counterpart, Miro Cerar, also said he was “concerned” and called for “political dialogue, rule of law and peaceful solutions.” | “Violence can never be the answer!” Mr. Michel said on Twitter. His Slovenian counterpart, Miro Cerar, also said he was “concerned” and called for “political dialogue, rule of law and peaceful solutions.” |
| The European Parliament has also been solidly on the side of Spain. The Parliament is led by the European People’s Party, the center-right bloc to which Mr. Rajoy, Mr. Juncker and Chancellor Angela Merkel of Germany all belong. | The European Parliament has also been solidly on the side of Spain. The Parliament is led by the European People’s Party, the center-right bloc to which Mr. Rajoy, Mr. Juncker and Chancellor Angela Merkel of Germany all belong. |
| Antonio Tajani, the Parliament’s conservative president, told a Catalan newspaper last week that to ignore Spain’s constitution was to undermine the legal basis for the whole European Union. “Those are the rules,” he said. | Antonio Tajani, the Parliament’s conservative president, told a Catalan newspaper last week that to ignore Spain’s constitution was to undermine the legal basis for the whole European Union. “Those are the rules,” he said. |
| The Parliament’s center-left group also supports respecting the Spanish constitution. | The Parliament’s center-left group also supports respecting the Spanish constitution. |
| Still, Mr. Rajoy’s inept handling of the referendum will have a lasting impact, even if both sides eventually calm down and turn to further talks about enhanced Catalan autonomy. | Still, Mr. Rajoy’s inept handling of the referendum will have a lasting impact, even if both sides eventually calm down and turn to further talks about enhanced Catalan autonomy. |
| As Charles Grant, director of the Center for European Reform, said on Twitter, whatever the rights and wrongs, the Spanish government “has lost the international PR battle through heavy-handed behavior.” | As Charles Grant, director of the Center for European Reform, said on Twitter, whatever the rights and wrongs, the Spanish government “has lost the international PR battle through heavy-handed behavior.” |