Using Spanish law to block Catalonia’s independence consultation may simply encourage Catalans to construct their own ‘alternative legality’

The Catalan government has pledged to hold a consultation on independence from Spain on 9 November, under a different legal basis from the proposal that Catalan President Artur Mas had originally announced, which was declared illegal by the Spanish constitutional court. Nevertheless, with less than a week until the vote, the latest plan is also facing a legal challenge and might also be blocked. Neus Torbisco Casals and Nico Krisch assess whether the use of legal obstacles to prevent a Catalan independence referendum is likely to be successful long-term. They argue that while the law within a state is afforded a degree of legitimacy, it cannot provide a solution entirely. Only a political agreement which recognises the views of Catalonia’s citizens can provide a lasting settlement.