Civ 16

Catalan International View

Issue 16 • Winter 2013-2014 • € 5

A European Review of the World

Dossier: Visions of the European state for the 21st century

Identities and the glocal world

by Àngel Castiñeira

The language question in a new European state

by Bernat Joan

Improving the quality of liberal democracies in plurinational contexts

by Ferran Requejo

Farewell to the ‘Parot Doctrine’

by August Gil-Matamala

Obama’s revolution

by Víctor Terradellas

Isona Passola by Eva Piquer Cover Artist: Xavier Grau Interview:

SECTIONS: Europe · Business, Law & Economics · The Americas · Green Debate · Barcelona Echoes Opinion · A Short Story from History · Sport beyond Sport · The Artist · Universal Catalans · A Poem

Contents Editor

Víctor Terradellas

vterradellas@catmon.cat Director

Positive & Negative

director@international-view.cat Art Director

To Our Readers

Francesc de Dalmases Quim Milla

designer@international-view.cat

Editorial Board

Martí Anglada Enric Canela Salvador Cardús August Gil-Matamala Montserrat Guibernau Guillem López-Casasnovas Manuel Manonelles Fèlix Martí Eva Piquer Ricard Planas Clara Ponsatí Arnau Queralt Vicent Sanchis Mònica Terribas Montserrat Vendrell Carles Vilarrubí Vicenç Villatoro Chief Editor

Judit Aixalà Jordi Fexas

Language Advisory Service

4......... 9th November 2014 / Typhoon Haiyan 5......... Obama’s revolution

by Víctor Terradellas

Europe

6......... ECHR upholds its 2012 ruling against Spain: farewell to the ........... ‘Parot Doctrine’

by August Gil-Matamala

16........ Independence: does the EU really have nothing useful to say?

by Laura Pous

22........ The bloody Mare Nostrum: a European shame .............. by Alba Sidera Gallart

Dossier: Visions of the European state for the 21st century

28........ Improving the quality of liberal democracies in plurinational contexts .............. by Ferran Requejo

34........ How to address the language question in a new European state: ........... the Catalan case .............. by Bernat Joan

38........ Identities and the glocal world .............. by Àngel Castiñeira The Americas

46........ Post-Chavezism in Maduro’s Venezuela

Nigel Balfour Júlia López

Coordinator

52........ Isona Passola

Ariadna Canela

coordinator@international-view.cat Webmaster

Gemma Lapedriza Cover Art

Xavier Grau The reproduction of the artwork on the front cover is thanks to an agreement between the Artist and Fundació CATmón Executive Production Headquarters, Administration and Subscriptions

Fonollar, 14 08003 Barcelona Catalonia (Europe) Tel.: + 34 93 533 42 38 Fax: + 34 93 319 22 24 www. international-view.cat Legal deposit

by Andrea Daza

Interview

by Eva Piquer

Business, Law and Economics

62........ Distinguishing characteristics of centennial companies

by Oriol Amat

Science and Technology

68........ Immunotherapy and the new possibilities of targeted therapies

by Mònica Botta and Oriol Solà-Morales

Green Debate

70........ Climate change: global trends and future scenarios for Catalonia

by Arnau Queralt

A Short Story from History

74..........The Dalmases Embassy and the Case of the Catalans (II) Universal Catalans

76........ Salvador Dalí Barcelona Echoes

80........ Barcelona, an exemplary Euro-Mediterranean urban model

by Antonio Romero

B-26639-2008

Sport beyond Sport

ISSN

84........ Sport, culture and serotonin

2013-0716

© Edicions de la Fundació CATmón. All rights reserved. Neither this publication nor any part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, protocopying, recording or otherwise, without the prior permission of Edicions de la Fundació CATmón.

Printed in Catalonia by Vanguard gràfic

Published quarterly

by Jordi Fexas Opinion

88........ The voice of Catalan local government around the world

by Joan Carles Garcia

The Artist

92........ Xavier Grau A Poem

97........ Attempted Canticle in the Temple

by Salvador Espriu

Catalan International View

Positive & Negative

by Francesc de Dalmases

9th November 2014

On the 12th December 2013, the President of the Government of Catalonia, Artur Mas, in the company of and with the support of a broad ideological spectrum representing two thirds of the Parliament of Catalonia (including social democrats, liberals, democrats, eco-socialists, socialists, communists…), made a proposal which was unapologetically democratic in nature: Catalan society will decide its future on the 9th November 2014 and the questions to be asked in the consultation will be ‘Do you want Catalonia to be a state?’ And, if so, ‘Do you want that state to be independent?’.

This highly significant political gesture demonstrates that in response to laws which act as a straightjacket exists the legitimacy of dialogue, reason and an ideological, peaceful and democratic confrontation.

Typhoon Haiyan

Typhoon Haiyan has shown once again to what extent so-called ‘natural’ disasters are indeed natural and the important part played by the level of development of the communities that suffer from such events thanks to human activity on a global scale.

By sheer coincidence on 12th November, the day the typhoon struck, the Philippine’s lead negotiator, Yeb Sano, was due to speak at the UN Climate Change Conference in Warsaw. He called for ‘drastic measures to be taken immediately. Right now. Because there is still time to fix this environmental problem, it’s not too late. We can put a stop to this madness’.

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Catalan International View

To Our Readers

Obama’s revolution

by Víctor Terradellas

We may feel as if we have missed the opportunity to discuss something as important as the nuclear deal the six world powers (the US, Germany, the UK, France, Russia and China) have signed with Iran. Perhaps we got somewhat lost among the photos from Geneva filled with Ashton and Kerry’s hugs and kisses and the smiling face of the Iranian Foreign Minister, Mohammad Javad Zarif.

Perhaps the agreement has implications that go far beyond what is immediately apparent. It may well be President Obama’s first big achievement following the evident failure of his health reforms. A milestone that has its origins in the speech Obama gave at the international conference on 4th June 2009 at Cairo University, where he announced his determination to ‘find a new relationship between the United States and the Muslim world’.

In fact, not much was done in Geneva (or Washington, for that matter) aside from signing an agreement which senior officials and Iranian and American nuclear experts had secretly been negotiating for months in Oman (even before Hassan Rohuani’s election last June, to the office of Iranian president). It is an agreement in which the European Union and its High Representative for Foreign Affairs, Catherine Ashton, therefore played a rather minor part.

Obama initially wanted Secretary of State Kerry to capitalize on the agreement, thereby pre-empting the national and international reaction. While the reaction from the far right of the Republican Party was to be expected, with their knee-jerk criticism of the Obama administration for supposedly caving in to Iranian demands in return for nothing, the harsh words of the Israeli Prime Minister were something of a surprise. Netanyahu stated that if in a few years from now

someone were to detonate a nuclear suitcase in a European capital it would be directly due to the concessions made to Iran in 2013.

Even more surprising were the thinly-veiled criticisms of the Saudis. For once they were in agreement with Israel (presumably since they were surprised by the fact that for a start the agreement unlocks $7,000m of Iranianowned property and will ease certain sanctions on its crude oil).

All this in a year when the Gulf States went on the largest re-armament spending sprees the world has ever seen; the year in which Syria established itself as being capable of destabilizing the region with echoes of the Cold War and the role played by Russia and the United States itself; and the same year that Iraq bled from the open wounds of a war between Shiites and Sunnis.

Against this turbulent backdrop, labelling the nuclear accord with Iran a typical ‘historic agreement’ falls short of the truth.

The Obama administration has had the determination to negotiate with Iran and has signed an agreement that will have consequences beyond the Iranian nuclear industry and far beyond Iran itself. The entire region and the main international actors are trying to understand what those consequences might be and how they affect each of the states ‘concerned’. We may find it difficult to appreciate, but Obama has caused a genuine revolution that dismantles the geostrategic makeup of the area we have become used to these last fifty years. And he has done so in the belief that the agreement ‘opens a new path to a safer world’.

It appears it is down to us to add our own emphasis and find a way to answer these questions. After all Catherine Ashton and Mohammad Javad Zarif didn’t get to kiss one another.

Catalan International View

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European Court of Human Rights upholds its 2012 ruling against Spain: farewell to the ‘Parot Doctrine’

by August Gil-Matamala*

In recent years the integrity of the Spanish judicial system has repeatedly been called into question by the highest levels of European justice. A number of rulings against Spain have highlighted significant shortcomings in the administration of justice and with regard to a respect for the fundamental rights of its citizens, in keeping with the standards expected of a member of the European community. In terms of criminal matters relating to the fight against terrorism, the European Court of Human Rights (ECHR) has ruled against Spain on seven occasions in the last three years for violating the prohibition of torture and on several other occasions for violating the freedom of speech and the right to a fair trial. In the field of social rights the Spanish legal system has also been shown wanting by the ECHR and the Court of Justice of the European Union in cases of eviction due to defaulting on mortgage repayments or for its lack of respect for family life. Nevertheless, none of the rulings by European justice have received as much media coverage or had such an impact on society at large as the ruling by the ECHR on 21st October of this year in relation to the Spain versus Inés del Río case. It brought an end to the validity of the so-called ‘Parot doctrine’, the Spanish Supreme Court’s perverse interpretation of the law relating to the serving of jail terms. For dozens of people it has meant the extension of their sentence by many years despite having already served their original sentence. In this article I aim to provide an overview of the highly complex and eventful judicial process that culminated in the court’s ruling, and give food for thought as to the current state of fundamental rights and freedoms in the Spanish state.

The background: the Inés del Río case

The European Court of Human Rights’ ruling on 21st October 2013 was the outcome of a process begun on 3rd August 2009 by Inés Del Río Prada, a member of the armed organization ETA. Born in 1958 in Tafalla (Navarra), del Río was arrested in Zaragoza on 9th July 1987, accused of having participated in numerous terrorist activities (including 24 murders) while she formed part of the so-called ‘Madrid Cell’ between 6

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1982 and 1987. She was tried by the Audiencia Nacional (National Court), a Madrid-based court with special jurisdiction in terrorism cases, found guilty on eight counts and sentenced to a total of 3,828 years in prison, in accordance with the 1973 Criminal Code, which was in effect at the time.

Due to the legal and chronological links between the offenses, and in keeping with a decision made on 30th November 2000, the National Court agreed that the prison terms could be

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served concurrently, resulting in a maximum prison term of thirty years (to be completed in June 2017) as envisaged under Article 7.2 of the Criminal Code (1) and Article 988 of the Criminal Law Proceedings (2), applicable in this case. However, Murcia prison, where del Río was serving her sentence, proposed to the National Court that she be released on 2nd July 2008. This was after taking into account a reduction in del Río’s sentence of 3,282 days for having done prison work during her detention.

Similar reductions in sentences had been agreed upon by presiding judges in numerous rulings and subsequently confirmed by the corresponding Provincial Court, in accordance with the regulations under the 1973 Criminal Code. Article 100 specifies a reduction in a sentence of one day for every two days worked (3). In other words, every two working days are counted as three for the purposes of calculating the actual number of days served out of an accumulated maximum of thirty years, since Catalan International View

(1) Article 70.2 of the 1973 Criminal Code: ‘The maximum sentence of those found convicted of multiple crimes may not exceed three times the sentence handed down for the most serious crime, serving out the term up to the established, which may not exceed thirty years.’

(2) Article 988 of Criminal Law Proceedings: ‘When an individual found guilty of multiple criminal offenses has been sentenced in separate cases for acts

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which could have been tried in a single case, the judge or magistrate who passes the last sentence, at the request of the Attorney General or the convicted person, shall fix the maximum limit of the sentence to be served in accordance with article 70.2 of the Criminal Code’.

(3) Article 100 of the 1973 Criminal Code: ‘Inmates can be awarded remission on their jail term through carrying out prison work, once the sentence has been established. The inmate will be awarded one day for every two day’s work, the time redeemed will also count towards parole’.

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to be granted parole one only needs to serve three quarters of a sentence. This rule was abolished by the 1995 Criminal Code, however, which came into force on 24th May 1996. It also raised the maximum prison term to forty years. However, the first and second transitional provisions of the new law specifically state that those sentenced for acts committed while the earlier 1973 Criminal Code was in force could continue to enjoy all its benefits, even if they were actually sentenced when the new law had already come into force. In spite of these developments, the release request made by the prison holding del Río was rejected by the National Court on 19th May 2008. The court ordered Catalan International View

the prison authorities to set a new release date according to the precedent resulting from the Supreme Court’s ruling of 28th February 2006 (case 197/2006). This is the so-called ‘Parot doctrine’. According to this new precedent which I will examine in detail below, the benefits and reductions relating to prison sentence are not to be applied to the cumulative maximum thirty-year term, but instead successively on each individual sentence. In this case, this meant in practice the enforcement of a thirty-year sentence, resulting in a prolongation of the expected term of nine years. A new National Court ruling on 23rd June 2008 established Inés del Río’s definitive release date as 27th June 2017.

The appeals against this decision were rejected, and in a final effort del Río took her case to Spain’s Constitutional Court, citing the prohibition of discrimination, the right to liberty and effective judicial protection and the principle of legality. Nevertheless, in their one-paragraph decision issued on 17th February 2009, the High Court refused to rule on the matter, declaring the appeal inadmissible due to an absence of a constitutional element.

Having exhausted all legal avenues under domestic law, del Río brought her case against the Spanish state before the ECHR, under the European Convention of Human Rights and Fundamental Freedoms. She argued that the decision to extend the term of her imprisonment by almost nine years constituted a violation of Articles 5.1 and 7 of the Convention, as it violated the principle of legality and retroactively applied changes to the jurisprudence practiced by the Supreme Court to her detriment. In fact, del Río’s case was not heard by the ECHR for its individual merits, but rather for its general application, affecting as it did a substantial number of prisoners to whom the same Parot doctrine was being applied. In short, the European Court

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was tasked with evaluating a crucial instrument of the Spanish state’s fight against terrorism in terms of its respect for fundamental human rights, thus placing it within the political and social context in which originated.

The Henri Parot case, the Iñaki de Juana case, and the campaign for the completion of full sentences

Henri Parot ‘Unai’ is a French citizen, born in Algeria in 1958, the son of French Basque parents. A member of ETA since 1978, he joined the ‘Argala Cell’, to which are attributed 22 attacks, resulting in 38 people killed and over 200 injured. Arrested in Seville in April 1990, following 26 hearings he was sentenced to a total of 4,799 years in prison. It is without doubt the most extreme example of the accumulation of sentences in Spanish legal history.

Nonetheless, when in early 2005 Parot asked for his remission to be calculated, taking into account the time he had worked in prison, the prison authorities were obliged to set the date of his release as not later than 2009. This meant Parot would barely have served twenty years of his sentence. As in the case of Inés del Río, the application of the law as covered by the 1973 Criminal Code resulted in an extraordinary disparity between the sentence imposed and the actual time spent in prison. This rather spectacular mismatch had been the cause of concern in certain sectors of the judicial system, particularly in the National Court, the principle weapon in the fight against ETA’s terrorist campaign. This was not solely due to the exceptional cases, but because of its role in a substantial group of nearly one hundred prisoners convicted of a number of serious crimes committed during the eighties (a period during which ETA was particularly active), who in the years following 2005 were released from prison after having served less than twenty years. They argued that it

made no sense that the perpetrators of dozens of serious crimes effectively received the same sentence as someone guilty of a single murder.

A number of rulings against Spain have highlighted significant shortcomings in the administration of justice in Spain with regard to respect for the fundamental rights of its citizens, in keeping with the standards expected of a member of the European community The legal debate as to whether terrorists should have to serve out their full sentence eventually spread to the political arena and was taken up by the media. It became the centre of an extremely virulent controversy, particularly in relation to the news of the imminent release of the ETA member Iñaki de Juana Chaos. Arrested in 1987 and found guilty of 25 murders, he had served just 18 years of a 3,129 year sentence. The Partido Popular, in opposition since the elections of the previous year, made use of every opportunity to show their support for a tougher policy on terrorism. They managed to both take advantage of and encourage the frustration felt by certain sectors of society in relation to perceived weaknesses in the socialist government’s dealings with ETA. From the end of 2004 the government had initiated a process of dialogue and negotiation between ETA and the Spanish government, culminating in the announcement of a permanent ceasefire by the armed group on 22nd March 2006. Nevertheless, parties on the right and a significant part of the judiciary were determined to sabotage such moves. The Partido Popular launched a vigorous campaign calling for terrorists to serve out their full sentences. For many of them this would Catalan International View

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have meant serving life imprisonment, a sentence which does not exist in the Spanish criminal justice system. Some of those involved did not rule out the possibility of restoring the death penalty, even if it required an amendment to the constitution. The political campaign, aimed at putting pressure on Zapatero’s government and the judicial system itself, had the enthusiastic support of powerful sections of the media, both print and broadcast. They were ideologically aligned to the Partido Popular together with influential associations of victims of terrorism, whose legitimate suffering was exploited for political ends. The brutal campaign of cruelty against those convicted of terrorist offenses was conducted without any reference to the rule of law and respect for the fundamental rights of the people concerned. Instead it appealed to emotional criteria befitting a criminal law intended not for individuals but rather for enemies, reduced to the status of ‘non-persons’. As a result, the political campaign waged in the media succeeded in broadly uniting Spanish public opinion against the release of ETA prisoners with long sentences.

of these ‘heinous criminals’, who had ‘only’ spent 15 or 20 years in prison, by ‘building’ new criminal charges if it were needed. The judicial machinery was put to work immediately with this goal in mind. The public prosecutor dug up two articles written in prison by de Juana which had been published several months earlier by the Basque newspaper Gara without provoking any reaction. The articles thus formed the basis of new charges against de Juana for making terrorist threats, with the clear purpose of preventing his release.

The National Court played its part in the process by handing down a highly disproportionate twelve-year sentence, which was subsequently reduced on appeal to three years by the Supreme Court. The prolonged hunger strike begun by Iñaki de Juana in protest, together with its international repercussions, helped to expose the perversion of a justice system ruled by political expediency. Finally, de Juana gained his freedom in August 2008, on completion of the new sentence.

The Iñaki de Juana case demonstrated the risks of excessively forced ‘legal engineering’. As a result, the National Court tried to find a simpler solution to the problem posed by the legal obligation to release Henri Parot in the midst of a full-blown media storm surrounding the release of members of ETA. The solution chosen by the court’s First Section, in its decision of 26th April 2005, was to agree to the accumulation of sentences imposed on Parot separately into two periods. The first for crimes committed between 1978 and 1982 and the second for acts committed between 1984 and 1989, with a maximum jail-term of thirty years for each period, or 60 years in total. The resolution argued that the existence

The legal debate as to whether terrorists should have to serve out their full sentence eventually spread to the political arena and was taken up by the media, to become the centre of an extremely virulent controversy The Zapatero government was not insensitive to these pressures. Referring to the Iñaki de Juana case, the socialist Minister of Justice López Aguilar coined the term ‘legal engineering’ in declarations explicitly urging judicial bodies to find a way to halt the release 10

Catalan International View

Supreme Court ruling 197/2006: the Parot Doctrine and its application

of an interval of more than two years between the two periods without being charged for any offence broke the chronological connection resulting in the sentences being combined into one.

The decision was totally inconsistent with the Supreme Court’s established jurisprudence in terms of the criteria governing the accumulation of sentences. For this reason the appeal filed

by Parot’s defence, with the support of the public prosecutor, was upheld by the Supreme Court in ruling 197/2006 of 28th February, which ordered the accumulation of all sentences into a single period and fixed the maximum limit at thirty years.

Ironically, ruling 197/2006, which initially supported Parot regarding the specific content of his appeal, went against him, thwarting his hopes of an immediate release. Surprisingly, the court’s ruling went on to address the issue of the application of prison benefits and remissions in the case of the fulfilment of several concurrent prison terms, an issue that none of the parties had included in their arguments and which therefore had not been discussed at the appeal. Nevertheless, the Supreme Court took the opportunity to establish a new doctrine that would immediately be dubbed the ‘Parot doctrine’ which substantially modified the criteria the courts would follow, including the Supreme Court itself. The new approach established by the new doctrine related to the benefits and remissions for having worked in prison.

Rather than being applied to one accumulated maximum penalty of thirty years, they were to be applied to each of the penalties initially imposed in order of severity, meaning that once the first sentence was reduced to zero, the benefits would be applied to the next sentence and so on until the maximum of thirty years imprisonment was reached.

The Supreme Court’s decision was based on a fresh interpretation of arti-

cles 70.2 and 100 of the 1973 Criminal Code, whereby the limit of thirty years in the case of the accumulation of sentences does not consist of a new, autonomous sentence which is distinct from the sentences initially handed down. Instead it solely applies to the maximum duration of successive sentences, in spite of the fact that on earlier occasions the court had repeatedly ruled exactly the opposite (4). Finally, it ruled that the new interpretation did not constitute a violation of the right to equality in the application of remissions in a different manner to the previous criteria, as it was sufficiently motivated by a jurisprudential change, and it did not violate the principle prohibiting retroactivity of criminal law, since it claimed that the prohibition did not apply to case law.

Nevertheless, three of the fifteen judges of the Criminal Division of the Supreme Court expressed their disagreement with ruling 197/2006, by voting against it. The magistrates José Antonio Martín Pallín, Perfecto Andrés and Joaquín Jiménez believed that the novel interpretation of Article 70.2 in fact constituted a drastic alteration of its content, applied retroactively and to the detriment of the person convicted.

According to the dissenting judges, the ruling contradicted a legal doctrine established by the court itself without sufficient legal basis. They concluded by stating that the principle of legality could not be broken for political-criminal reasons or out of political opportunism and that it affected the fundamental right to freedom, even in the case of a bloodthirsty, unrepentant terrorist.

The verdict on the Parot case was greeted by a range of opinions. On one hand, the politicians and members of the legal profession who were calling for terrorists to serve their full terms enthusiastically applauded the new doctrine.

For many ETA prisoners, convicted of a number of serious crimes, in practice it meant the loss of remissions which had Catalan International View

(4) Supreme Court rulings of 8-3-1994, 15-9-2005 and 14-10-2005, among others.

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already been approved and therefore the prologation of their imprisonment to the limit of thirty years. Minister López Aguilar declared to the media, ‘Judiciary power is an established criteria that sends a message of calm when it comes to ensuring rigor in penal and penitentiary law, in order that ETA members who have been convicted of crimes which on numerous occasions have been called ‘monstrous’, resulting in lengthy sentences, are not released from jail without having served their full sentences’. Meanwhile, judge Baltasar Garzón, who at the time was leading the fight against terrorism, justified the sentence in the following way, ‘it is an attempt to reconcile the current interpretation of the law with the social reality we are experiencing’. Rarely has the manipulation of justice to address a situation of social alarm which had been magnified for political ends been justified in such a blatant manner.

Nevertheless, the Parot doctrine was harshly criticized by certain sectors of the judiciary and many associations of lawyers, together with various academics, as a violation of the principles of legality and non-retroactivity of criminal law and for being a result of political opportunism. It was the first time in many years that an anti-terrorist measure was to be publicly rejected both in legal and academic circles, in defence of peoples’ rights and legal protection.

This was in contrast to the widespread silence and tacit acceptance with which they had greeted previous repressive measures and actions which were also likely to affect human rights.

The courts’ general application of the Parot doctrine following ruling 197/2006 affected approximately one hundred individuals convicted under the 1973 Criminal Code (mostly members of ETA, but also a few members of other terrorist organizations together with a handful of common prisoners), with the extension of their prison terms 12

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of between 7 to 10 years depending on the case. A significant number of those affected by the application of the Parot doctrine brought their appeals before the Constitutional Court, which is charged with ensuring the authorities respect the public’s fundamental rights as outlined in the Constitution.

On 29th March 2012 the Constitutional Court ruled on a series of cases, of which twenty-five were dismissed with only three ruling in favour of the plaintiff. In the latter, there existed a decisive, definitive court ruling in each case referring to remission procedures from before the Parot doctrine. As a result, a later court decision applying the new rules violated the principle of the immutability of final judgments.

However, in all the other cases which hadn’t had an earlier ruling, the High Court ruled according to the merits of the matter at hand. Aside from the dissenting votes of judges Pérez Tremps, Gay Montalvo and Asua Batarrita, the court ruled that the Parot doctrine was perfectly compatible with the principle of legality: it did not in any instance represent the application of a longer sentence than outlined in law, since it only affected a measure regarding the carrying out of a sentence, while leaving untouched the maximum period of imprisonment. The plaintiffs’ argument that the principle of non-retroactivity had been violated was also dismissed.

It was argued that the principle, which prohibits the application of criminal law to acts which occurred before it came into force at the expense of the person convicted, had been respected by appeal court’s decisions that had correctly applied the provisions in force at the time the crimes had been committed, namely articles 70.2 and 100 of the 1973 Criminal Code, while providing a new interpretation in accordance with the criteria established by Supreme Court ruling 197/2006. Later appeals, including those brought by

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Inés del Río, were not even submitted for consideration by the Constitutional Court.

The Parot doctrine brought before the European Court of Human Rights

I have attempted to outline the complex events surrounding the Parot doctrine and its legal vicissitudes as concisely as possible, from its beginnings until its final ratification by Spain’s highest court. We are now ready to continue with the case against Inés del Río at the point where we left off, i.e., the last resort, when the matter was brought before the ECHR, the legal instrument created by the European Convention for the protection of Human Rights and Fundamental Freedoms signed in Rome on 4th November 1950, which is charged with controlling the implementation of the rights guaranteed by said international treaty, via decisions that are mandatory for all signatory states, including Spain.

The case brought against Spain on 3rd August 2009 by Inés del Río Prada, citing articles 5.1 (5) and 7 (6) of the Convention, was declared admissible by the Chamber of third section of the ECHR, composed of seven judges and chaired by the Andorran judge Josep Casadevall. However, on 10th July 2012 the Chamber unanimously ruled in favour of the plaintiff, declaring that there had been a violation of the Convention. The Spanish government reacted extremely negatively to the decision, exposing as it does the weaknesses in Spain’s international judicial rulings and prohibiting a key element in the anti-terrorism policies followed by the state institutions. Therefore, relying on the rules of the Court, the Spanish government requested the case be referred on appeal to the Grande Chambre or Plenary Court. The case was heard on 20th March 2013 in open court at the court’s headquarters in Strasbourg.

The court, presided over by the Luxembourger Dean Spielmann, consisted of seventeen judges, each of a different nationality, who heard the declarations made in turn by the representative of the Spanish state and the plaintiff ’s lawyers.

The court, presided over by the Luxembourger Dean Spielmann, consisted of seventeen judges, each of a different nationality, who heard the declarations made in turn by the representative of the Spanish state and the plaintiff’s lawyers The ECHR announced its definitive judgement on 21st October 2013.

It declared by fifteen votes to two that there had been a violation of Article 7 of the European Convention (no punishment without law); unanimously that since 3rd July 2008, the detention of the appellant violated Article 5.1 (the right to liberty); and by sixteen votes to one that it was the state’s responsibility to release the appellant in the shortest period possible. It is worth noting that in all instances the Spanish judge, Luis López Guerra voted with the majority of the court. Regarding the violation of Article 7 of the Convention, the Court argued that Article 70.2 of the relevant Criminal Code established a distinction between punishment corresponding to the maximum limit of thirty years imprisonment, and the prison terms handed down in the different sentences. Moreover, Article 100 of the 1973 Criminal Code stated that prisoners could reduce their sentence by working while in prison, but without specifying the rules governing the allocation of remission in the case of serving concurrent sentences. In spite of the ambiguity of the article, prior to the introduction of the Parot doctrine, Catalan International View

(5) Article 5.1 of the European Convention: ‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law. a) the lawful detention of a person after conviction by a competent court’.

(6) Article 7 of the European Convention: ‘No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.

Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed’.

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the Spanish judicial and prison authorities had consistently followed the practice of applying remissions to the maximum penalty of thirty years and not separately to each sentence in the case of concurrent sentences. Indeed the Supreme Court itself had adopted this criteria on several decisions, in particular on 8th March 1994. This practice had benefited many people, such as del Río, who had been convicted under the 1973 Criminal Code, and therefore the plaintiff could expect to have been treated in the same way. When in 2000 the National Court agreed that her prison terms would be served concurrently, Spanish law and judicial practice were sufficiently well defined to allow del Río to know the duration of her imprisonment, by applying remissions for working in prison to her accumulated thirty-year sentence. The ECHR has established that the application of the Parot doctrine did not simply change the modality of the execution of the sentence imposed, it altered its scope, in effect depriving prisoners of the remissions which were their right. The new interpretation of the law has therefore affected the content of the sentence, and it represents the retroactive application of criminal law. Accordingly, the court concluded that it was in violation of Article 7 of the European Convention. Moreover, the application of the Parot doctrine meant a prolongation of del Río’s sentence by almost nine years from the date of her scheduled release in accordance with the legal system in force at the time of sentencing. The court therefore concluded that from 3rd July 2008 the detention of the appellant was irregular and violated article 5.1 of the Convention. Finally, after stating that under Article 46 of the Convention the signatory states agree to abide by the court’s final decision in disputes in which it participates, given the nature of the case and the urgent need to put an end to the violations which 14

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were observed, the Spanish authorities should release del Río in the shortest period possible. In addition, the court (by ten votes to seven) ordered Spain to pay the plaintiff €30,000 in damages and €1,500 in legal costs.

The controversial execution of the ECHR’s decision

The reaction of the Spanish government to the Court of Strasbourg’s final decision was one of unexpected and immediate vehemence. The Justice Minister Jose Maria Gallardón rushed to label it unfair and mistaken, while defending the legality of the Parot doctrine. President Rajoy himself appeared before parliament to indignantly proclaim his outright opposition to the ruling, which he described as an unjustified aggression against the image of the Spanish judicial system and an insult to the victims of terrorism. Certain sectors of the Spanish media led a campaign against the ECHR, for what they saw as unacceptable interference in the country’s national sovereignty.

They called on the government not to carry out the sentence. Eventually, however, critical attention came to bear on the judges from the National Court Criminal Division who, in spite of pressure from the media and politicians, took the decision to carry out the European Court’s ruling by ordering the immediate release of the ETA member Inés del Río the very next day. In the same judgement, though not unanimously, the judges expressed the opinion that the majority decision from Strasbourg was also directly applicable to all similar cases in which the Parot doctrine had inappropriately prolonged the duration of incarceration. In protest against these decisions the most radical associations representing the victims of terrorism organised a demonstration in Madrid, during which criticisms aimed at the judges were redirected in the form of bitter

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reprimands towards the Partido Popular government, accusing them of treason for not having taken action to prevent the incarcerations. While the government was torn between the need to appease the frustration of the victims, spurred on by inflammatory rhetoric from politicians of the more reactionary sectors, and the futility of failing to carry out its international obligations, the Supreme Court struggled to find a reasonably convincing legal mechanism that would allow it to avoid or at least slow down the effects of the widespread repeal of the Parot doctrine.

Fortunately for the independence of the judiciary and the respect for human rights, the judges of the National Court’s Criminal Division who are most concerned with safeguarding such rights won a close-run vote by nine votes to eight on 8th November, in favour of taking responsibility for ordering the release of prisoners who benefited from the repeal of the doctrine, without waiting for the decisions to be made by the Supreme Court. In the following days dozens of prisoners who had been unlawfully deprived of their liberty were released in dribs and drabs following years of delay after having already served out their sentence. Faced with this situation, the Supreme Court formally announced the end of the Parot doctrine following an agreement with the Criminal Division dated 12th November, which stated that in cases of sentences being served under the terms of the 1973 Criminal Code, remissions would be applicable to the maximum

limit of thirty years, as was the case before the ruling 197/2006 of 28th February. According to official estimates, sixty prisoners will immediately be released following the European Court’s ruling. Ironically, however, Henri Parot will not himself benefit from the repeal of the doctrine that bears his name. In February 2007 the National Court imposed a new sentence of eleven years for the crime of belonging to a terrorist organization, after having been accused of identifying possible targets for ETA from prison. Barring new developments in the peace process in the Basque Country, which have currently reached a stalemate, he is not due to leave prison until 2020.

*August Gil-Matamala has been a practising lawyer since 1960, specialising in the fields of criminal and labour law.

He has taken part in numerous cases in defence of people on trial for their demands in favour of people’s rights, as well as hearings before the European Court of Human Rights in Strasbourg. Gil-Matamala fought the first successful case against the Spanish state for the violation of basic rights. He is a founder member of the Commission for the Defence of Individual Rights of the Col·legi d’Advocats de Barcelona (the Barcelona Bar Association) and the Catalan Association for the Defence of Human Rights, which he presided over from its foundation in 1985 to 2001. Gil-Matamala has also been president of both the Fundació Catalunya and the European Democratic Lawyers organisation. In 2007, coinciding with his retirement, he received the Creu de Sant Jordi (St. George’s Cross, the highest honour awarded by the Catalan government).

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Independence: does the EU really have nothing useful to say?

by Laura Pous*

‘We’ll cross that bridge when we come to it’, a European Commission official once told me when I asked them whether a newly independent Scotland or Catalonia would be welcomed as members of the European Union. Well, the bridge is right here, in front of our eyes. It might be less clear in the case of Catalonia, but on September 18th 2014 the Scots will decide whether they want Scotland to become an independent country, separate from the United Kingdom.

However, it looks as if in the European Commission no one dares to cross the bridge. And when some of them do, they change their minds and cross back again to the beginning, to the place of uncertainty, half truths and completely and utterly useless legal statements that only apply to that sterile and imaginary world in which nothing is really happening. Until, surprise, surprise, it actually does.

The agreement between the Scottish government and the UK government should be considered as a model of how to resolve difficult constitutional, legal and political issues in a democratic and peaceful manner One of the most relevant events happening in the European Union in 2014 is the referendum on Scottish independence. The agreement between the Scottish government and the UK government to hold the referendum, the so-called ‘Edinburgh Agreement’, 16

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is unprecedented in Europe and it should doubtlessly be considered as a model of how to resolve difficult constitutional, legal and political issues in a democratic and peaceful manner.

‘In the United Kingdom, in Scotland, we knew the mandate (to organize a referendum) existed and we, as democrats, wanted to honour that’, Michael Moore, former Secretary of State for Scotland and the man who negotiated the UK government stance on the referendum, told me in an interview recently. ‘My argument regularly last year, before the Edinburgh Agreement, was that the electorate would get very annoyed with the politicians from both sides if we let the process get in the way of the decision’, he explained.

On October 15th 2012 the UK’s Prime Minister, David Cameron, and the Scottish First Minister, Alex Salmond, signed an agreement to hold the referendum. The deal set out the basic terms of the Scottish independence referendum: a yes/no question, the right of 16 and 17 years-olds to take part in the ballot and the fact that the decision would be taken in the autumn

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of 2014. At the time, David Cameron said that he always wanted to ‘show respect to the people of Scotland’ because ‘they voted for a party that wanted to have a referendum’. The conservative Prime Minister made sure that the deal allowed Scottish people to have a ‘decisive, legal and fair’ referendum.

‘Now we’ve got the process sorted, and in a year’s time we’ll have taken the decision’, Michael Moore said in our interview. This allows politicians from both sides to focus on the key question: Should Scotland become an independent country? A great deal is at stake: the currency, defence and energy policies,

oil and gas, pensions and the welfare state being but some of them. Doubts as to how Scotland would continue to be part of the European Union following independence is one of the main issues on the table.

Scottish First Minister Alex Salmond’s Scottish National Party (SNP) claims that Scotland will be a member of the EU. They accept this might entail some kind of negotiation with Brussels, London and the rest of the member states, but although there is no precedent they expect the process to be resolved during the talks on independence from the UK. In other words, between Catalan International View

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the time of a ‘yes’ vote, in September 2014, and the official declaration of independence, in 2016. ‘The idea that oil-rich, fishing-rich, renewable energy-rich Scotland will not be wanted as part of the European Union is simply unthinkable’, Salmond has stated on numerous occasions.

The European Commission should outline a clear path for the negotiation of the accession of a newly created state from within the EU without requiring permission from a member state The former secretary of State for Scotland, Michael Moore, agrees that membership itself should not be a big issue. ‘I have no reason to believe that any country around Europe would have an in-principle objection to any 18

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new member state coming forward’, he said, referring not only to Scotland, but also to Catalonia. For him, the main problem is the kind of ‘deal’ that an independent Scotland could get from the EU and how long it would take to negotiate. Would the new state have to join the euro? Would it retain the British rebate? What about fishing and farming arrangements?

‘Having studied and followed European politics for a long time, I am wary of just how long it may take, even if we assume complete support for Scotland’s application’, he said. For Moore, the SNP is promising to keep the rebate and get ‘a better fishing arrangement, a better farming arrangement, and a better structural funds deal’. ‘This is quite a big negotiation achievement to get for membership negotiations’, he warned, adding that ‘in the meantime’ Scotland would ‘still be part of the UK, waiting for all this to be resolved’ or will have

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left the union and would not yet have ‘rejoined the EU’. ‘All this is very destabilizing to very important economical interests in Scotland’, he cautioned.

Graham Avery, Senior Member of St. Antony’s College, Oxford University, argued in a report for the UK Parliament that the Scots ‘could not be asked to leave the EU and apply for readmission’ for ‘practical and political reasons’.

He said that negotiations ‘on the terms of membership would take place in the period between the referendum and the planned date of independence’, thus agreeing with the Scottish government’s version of events. Avery added that the EU, ‘would adopt a simplified procedure for the negotiations, not the traditional procedure followed for the accession of non-member countries’.

In a similar vein, former European Court judge, Professor Sir David Edward, argues in a paper that, ‘the EU institutions and all the member states (including the UK as it exists) would be obliged to enter into negotiations, before separation took effect, to determine the future relationship within the EU of the separate parts of the former UK and the other member states’. Sir Edward expects the outcome of the negotiations to be, ‘an agreed amendment of the existing treaties, not a new accession treaty’, unless discussions ‘failed utterly’.

However, in Brussels they don’t seem to be at all impressed by these arguments. The possibility of Scottish independence is not an issue in the European capital. Or it appears not to be.

With less than a year to go before the referendum, Scottish citizens have yet to receive an unambiguous, precise answer from the EU on what will happen if they vote for independence in 2014.

Sometimes the European Commission says, in the words of its President José Manuel Durao Barroso or of its Vice-President, the Spaniard Joaquín Almunia, that a new independent state

would be treated as a new applicant and it will have to reapply for membership. While others, such as Commissioner Johannes Hahn, state that the whole debate can be done ‘in a much more relaxed manner’. Meanwhile, EU officials also say that they are unable to comment on specific situations such as the Scottish or the Catalan ones and the EU, ‘will only be able to express its opinion on the legal consequences under EU law of a specific situation upon request from a member state detailing a precise scenario’.

I often wonder if Eurocrats really expect the Scots to vote on independence next year in the absence of a clear answer on what will happen regarding their EU membership. Particularly since the European Commission usually argues that it doesn’t want to interfere in the internal affairs of its members states and doesn’t want to discuss ‘hypothetical scenarios’. The European Commission rejected the Scottish government’s calls for talks on the issue in December last year, arguing that ‘in the absence of a precise scenario, President Barroso would not be in a position to usefully discuss this’. ‘The European Commission has consistently refrained from expressing a position on questions of internal organisation related to the constitutional arrangements in the member states’, said the EC response, signed by Vice-President Maros Sefcovic.

Is avoiding an answer a means to interfere in the debate? By waiting until a member state puts the question are they offering some ‘advantage’ to that member state? If the UK doesn’t want to ask Brussels about the EU question, Brussels won’t answer. And if Spain does the same (as I am sure it will) the EU won’t comment on the specifics of the Catalan case either. This puts stateless governments in a wholly disadvantageous situation, as they depend entirely on the good faith of the big state that is, of course, anything but impartial in the Catalan International View

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debate. Some might expect the British government to show some willingness to cooperate at some point. I’d very much doubt that Madrid would show the same degree of understanding should Catalonia go ahead with a referendum.

We should of course remind ourselves that the EU is a union of member states. But offering some clarity as to the process to be followed in the case of independence (not necessarily on the outcome of such a process) would benefit everyone. First and foremost, it would benefit democracy and the reputation of the EU as a guardian of it; and secondly, it would help Scotland and other nations seeking independence to have a clear and reasonable discus20

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sion of the arguments for or against it.

Pursuing uncertainty on the process is definitely more advantageous for the ‘no’ campaign.

The European Commission should outline a clear path for the negotiation of the accession of a newly created state from within the EU without requiring permission from a member state. It should confirm whether the scenarios envisaged by experts such as Graham Avery or Sir David Edwards are potential solutions to a ‘yes’ vote. It is unreasonable, as Professor Avery argues, to ask the Scots to leave the EU and wait for the results of protracted negotiations (perhaps lasting several years) simply as a result of having voted for independ-

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ence. The same should apply to the Catalans, who feel extremely pro-European while simultaneously showing a growing desire to leave Spain.

Scottish citizens have rights as European citizens and these cannot be done away with so easily. Having agreed on the rescue packages for Greece and the Spanish banking system following years of economic mismanagement in Athens and Madrid (to mention but two examples) it would be unthinkable to expel millions of citizens from the EU simply because they decided (democratically) to change their passports and create a new country. A new country that would already comply with all European laws, as it has done since 1973, when the UK joined the club.

Obviously a newly independent Scotland would have to enter into negotiations: the number of seats in the European Parliament, its share of votes on the Council, its contribution to the EU budget, its share of EU funds, fishing quotas and so on. But so too would the remaining UK state. No-one, not even Barroso, can seriously suggest that the Scots or Catalans will have to ‘join the queue’, as the Spanish Foreign Minister once said, to get back into the EU after independence. I seriously doubt even London would be comfortable accepting an expulsion, especially considering that the Edinburgh Agreement states that the two governments are ‘committed to working together constructively in the light of the outcome, whatever it may be, in the best interests of the people of Scotland and the rest of the United Kingdom’.

I understand independence is seen as a new political nightmare in a Eu-

ropean Union in crisis. And I understand that Europe thinks it is playing the ‘neutrality’ card by simply repeating a strict legal scenario that is nothing less than utterly stupid and unrealistic.

The ‘no’ campaign can argue that independence is going to force Scotland to start extremely difficult, protracted and complicated negotiations, with the potential risk of being expelled from the EU altogether. But nothing is certain.

The ‘yes’ campaign has to challenge this argument by appealing to common sense, by claiming that the process will be a smooth one. But nothing is certain. And voters don’t know who to trust. Since nothing is certain.

What is certain is the fact that on the 18th of September 2014 the Scottish people will vote on whether or not they want to have an independent country. And they should have a specific answer to the European question before doing so. They should know whether they will have to negotiate membership before the declaration of independence, if a transitional period will be needed, during which all European rights and obligations will be protected but Scotland would not yet be fully a member, if a new treaty will be needed, or if unanimity of all member states is a precondition for accession.

The precedent of the Stabilisation and Association Agreement negotiations with Kosovo demonstrates that special political arrangements can be decided to accommodate everyone’s interests, even those of countries that, like Spain, do not recognize the independence of Pristina. Politics should come into play in the Scottish case as well, sooner rather than later.

*Laura Pous is a journalist. She is the London correspondent for the ACN (the Catalan news agency) and RAC1 radio station. She also presents the weekly magazine Europa Semanal broadcast by Deutsche Welle. Pou holds a Masters in Political Communication from the University of Glasgow.

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The Bloody Mare Nostrum: a European shame

by Alba Sidera Gallart*

On October 3rd 2013 the world was horrified by what came to be known as ‘the Lampedusa boat tragedy’.

Although the Mediterranean has become the grave of some 20,000 people trying to reach Europe by sea over the last twenty years, the distressing number of deaths in a single accident led to unheard-of press attention devoted to a humanitarian drama which has been a long time in the making. It also served to highlight Europe’s inability to manage migration flows.

That morning 364 people, mainly Eritreans, died when the fishing boat in which they were travelling caught fire and sank close to the small Sicilian island of Lampedusa. Three fishing boats witnessed the fire but continued on their way. According to the BossiFini Italian immigration law, named in honour of its creators, aiding and abetting illegal immigrants is punishable by fines and jail. The sailors who left the immigrants to die a few meters from the coast were simply obeying the law, a law which, according to the EU, violates human rights.

Just one day before the tragedy, Strasbourg issued a damning report on Italy’s response to immigration. For the umpteenth time, Europe deemed the measures Italy has implemented in recent years to manage migration flows as ‘wrong and counterproductive’. The report specifically criticized 22

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forced repatriations to countries such as Libya, where the deportees are at risk of being tortured or killed, as well as Italy’s immigrant detention centres, most of which are filled to three times their capacity and subject the detainees to subhuman conditions. Another criticism relates to the fact that the Italian authorities continually declare a state of emergency in order to ‘enforce extraordinary measures, which go beyond the limits of national and international law’.

The nature of Italian immigration law should come as no surprise, given its chief architects: Umberto Bossi, founder of the xenophobic Northern League Party, who declares himself ‘proud to be a racist’, in partnership with Gianfranco Fini, a former leader of the Italian neo-fascist party, the MSI (Movimento Sociale Italiano). Erminio Boso, another prominent member of

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the Northern League, who participated in drafting the law, speaking this summer in reference to the ‘routine’ deaths in Lampedusa stated: ‘Whenever a boat full of immigrants sinks, I’m so happy I raise a toast with champagne’.

These are the politicians who have created Italy’s immigration laws.

Fleeing from war and repression

But who exactly are these people who risk their lives in precarious fishing boats and what exactly drives them to do so? Although the Mediterranean is a channel linking Europe and Africa, the majority of migrants moving from one continent to the other travel by other, usually less dangerous, means.

Those who choose the maritime route (paying exorbitant fees to human-traffickers) do so because they are unable to apply for a visa or buy a plane ticket.

They mostly belong to a well-defined

group of immigrants: those fleeing war and repression.

These are people who come from countries where their lives and those of their families were in danger, or who lived in refugee camps, like the ones which house Syrians in Zaatari ( Jordan) or in Yemen, where Ethiopians, Eritreans and Sudanese eke out a miserable existence. The Eritreans who were on the boat that sank on October 3rd, were fleeing a militarized country which systematically represses dissidents and troublesome ethnic groups.

The situation of the Syrian immigrants is similar: thousands of families set off in an attempt to reach the Mediterranean and try to arrive in countries where they believe their right to asylum will be recognized, looking for a place to survive while awaiting the end of the war in their home country. They aren’t looking for welfare, but rather survival.

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It is exactly the same story as when Europeans fled the continent during World War II. Since 2011 the number of fugitives who have tried to enter Europe by sea has increased exponentially, coinciding with the start of the war in Libya. That year, 2,600 people died off the coast of Sicily alone. Most of those who managed to reach the shore alive were repatriated to Libya and the living hell they had been trying to escape from in the first place. On October 11th of this year, just eight days after the Lampedusa sinking, the Mediterranean was the scene of yet another tragedy, this time doubly so: two boats filled with refugees fleeing Syria were fired upon and subsequently sunk by Libyan patrol boats. The dead and missing exceeded 400, including a hundred children who were fleeing the war in their country together with their families.

According to statements made by the few remaining survivors, after the boat capsized, the Libyan military plucked them out of the water and returned them to Libya, where those who leave the country illegally are sent to jail. The cost of leaving prison is $3,000. Those who manage to raise such an amount with the help of their relatives in Europe are not set free, however, in most cases they are handed over to the very same human traffickers that had smugled them in the fishing boats. The fugitives, including the women and children, are then confined to makeshift camps, often at the mercy of the elements, in order that they can once again raise $5,000: the price the dealers demand for a new passage to Europe.

Trafficking in human beings fleeing from war and taking advantage of their desperation is a million-dollar business. In Italy, the Mafia wanted a piece of the action. La Cosa Nostra, the Sicilian mafia, organizes many of the boats that cross the Mediterranean bound for Italy, in conjunction with the traffickers based in each country.

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Illegal and criminalized

The number of people who risk their lives to cross the Mediterranean increases each time a new war breaks out in Africa, a continent continually shaken by wars many of which, incidentally, are backed by the West. Paradoxically, the latter refuses to grant those who have to flee for their lives the very same values and democratic rights it purportedly aims to export to African countries. And to make matters worse, many of these wars begin as a ‘humanitarian intervention’. The maritime victims could therefore be seen as the ‘collateral damage’ of war.

Despite the stigma to which they are subjected, immigrants trying to enter Europe by boat are entitled to do so: they should not be called ‘clandestine’ immigrants, since they are political asylum seekers. Their situation should not be defined as ‘illegal’ since their status is covered by international conventions and even the Italian Constitution itself.

Nevertheless, Italy is particularly deficient when it comes to providing them with protection and granting them the status of political refugees. It is the only EU country with no laws guaranteeing the respect for the rights of asylum seekers enshrined in its constitution.

Whenever African refugees reach the shores of Italy, one hears messages which are intended to instil fear in the hearts of the local population. The fear that there are too many of them. The fear that they’ll steal ‘our’ jobs. However the figures contradict such fears.

The majority of immigrants that reach Europe via the Mediterranean do not intend to remain in southern Europe.

According to the European Commissioner for Home Affairs, Cecilia Malmström, of the 330,000 asylum applications submitted in EU countries in 2012, 70% were directed at just five Member States: Germany (75,000), France (60,000), Sweden (44,000), Belgium (28,000) and the

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United Kingdom (28,000). Italy received only 15,700 asylum applications, and Malta, 2,000.

Inaction and hypocrisy

Neither Italy nor Europe have responded well to the Lampedusa tragedy. A week after the newsworthy sinking, Italian Prime Minister Enrico Letta visited the island. He was accompanied by the President of the European Commission, José Manuel Durao Barroso, who stated that the sight of so many coffins together, especially those belonging to children, had left him in a state of shock: ‘It’s not the same as seeing it on TV’, he said. Letta said he felt embarrassed by the way his country treats survivors and wanted to show his respect to the victims by holding a state funeral. The reality was a farce, causing outrage among the families of the victims. The Deputy Prime Minister Angelino Alfano presided over the funeral. Alfano is a staunch defender of the Bossi-Fini law, which criminalizes illegal immigration. The right-wing politician decided to hold the event in the port of the Sicilian town of Agrigento, a tourist resort 200km from Lampedusa, but only 200 meters from his summer residence. It is an area for the wealthy, which is never sullied by bodies washed up on its beaches. The coffins of the victims were not present.

They were buried with only a number for identification, since DNA testing was considered too expensive. Neither did Italian government let the 155 survivors attend, since they were confined to the detention centre in Lampedusa.

Instead they invited officials from the Eritrean government, the very same organisation which is responsible for the persecution of its fellow citizens.

All in all, it is no surprise that Italy’s resident Eritrean community were furious, forcing Alfano to leave the ceremony to the cries of ‘murderer’ and ‘accomplice to murder’.

The Italian Minister of Integration, Cécile Kyenge, declared that the Bossi-Fini law should be amended, making it ‘welcoming and not repressive’. But the situation is at an impasse since the right refuses to alter the law, and neither does the populist with racist undertones Beppe Grillo. As for the Democratic Party, which initially expressed a desire to abolish it, Matteo Renzi believes that doing so would be ‘electoral suicide’. Renzi is the PD’s emerging leader, who aims to win the next election by adopting a more liberal, centrist position.

The number of people who risk their lives to cross the Mediterranean increases each time a new war breaks out in Africa, a continent continually shaken by wars many of which, incidentally, are backed by the West The situation in the rest of Europe is basically the same. In spite of the fact that even the President of the European Parliament, Martin Schulz, has acknowledged that the only way to curb this bloody illegal immigration is by expanding legal migration channels (not only for those fleeing wars, but also those who seek refuge from famine and natural disasters), it has been decided to put the issue aside until June 2014. The reason is in order not to make changes that could be interpreted as a concession to immigrants ahead of the European elections. No one wants to provide ammunition to the antiEuropean populists who use the criminalization of immigrants as an electoral weapon. The only action which has been taken is to increase the budget of Frontex, the EU agency responsible for the patrol boats which are sent to intercept the fugitives and send them Catalan International View

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back to the living hell they are trying to escape from in the first place.

To make a complete mockery of the whole affair, the Italian government, which has been accused of human rights violations in relation to the immigration issue, has expressed a desire for the next Nobel Peace Prize to be awarded to the island of Lampedusa. According to the government, such a move would be a means of paying tribute to its inhabitants, those unsung heroes who for years have saved the lives and welcomed into their homes the immigrants who arrive on their shores, thus substituting the role of the state.

The mayor of Lampedusa, Giusi Nicolini, labelled the move to nominate

her island for the Nobel as ‘perverse hypocrisy’. The island’s inhabitants have experienced at first hand the horrific personal stories of thousands of refugees and are calling on Italy and Europe to end the crackdown, which so far has proved ineffective and positively harmful, and instead to begin to work on welcoming newcomers. Nicolini hopes that eventually the poster on display outside the refugee detention centre on the island will no longer be needed: ‘Our blood: victim of your laws’. According to the mayor, if the Italians and Europeans don’t reach an agreement as to how best to regulate the right of asylum for refugees soon, ‘Europe itself will run aground on Lampedusa’.

*Alba Sidera Gallart studied Philosophy at the Universitat de Girona. She is currently a reporter and the Catalan newspaper El Punt Avui’s Italy correspondent. She mainly deals with analyzing the political and economic affairs of Italy and the Vatican. Sidera has lived in Rome for seven years where she has also worked as a translator.

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Dossier

Improving the quality of liberal democracies in plurinational contexts

by Ferran Requejo*

Liberal democracies are always incomplete systems when we compare their values and legitimizing language with their constitutional rights, institutions and practical decision-making processes. Scepticism regarding the interpretation of liberal-democratic values always appears when we contrast what these values say with what reality shows us.

It would appear that the first step in solving a problem is to try to describe or to define it correctly. This involves establishing at least three aspects. The first is knowing how to recognize what the basic issue is, identifying the key question that needs to be answered.

The second is that defining a problem also involves knowing how to define it with the utmost precision. This implies both a careful conceptual treatment and the inclusion of elements of a historical nature and the most important empirical data related to the problem.

Thirdly, defining a problem involves knowing where one has to look to find

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possible solutions, both in the sphere of political theory and in that of comparative politics. When we have a question and do not know where to search for the answers, it normally means that from an epistemological perspective we are not on the right track.

One of the most important questions with regard to the case of plurinational democracies is the recognition and political accommodation of the national pluralism of these democracies.

Clearly, in addition to this question there are probably a whole series of interrelated aspects: economic development; inequalities of income; multicul-

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turality; or integration in supra-state organisations, such as the European Union. However, it is methodologically improper to conflate all of these elements from the outset. In this case, the key point is not to establish how the demos becomes kratos (this would be the traditional vision of democracy) but how the different national demoi which coexist within the same democracy are politically and constitutionally recognised and accommodated in terms of equality (between the national majorities and minorities) in the kratos of the polity. This involves dealing with and introducing aspects of both a

‘democratic’ nature (participation between majorities and minorities in the ‘shared government’) and, above all, of a ‘liberal’ nature: the protection and development of minority nations confronting the ‘tyranny of the (national) majority’, both in the internal sphere of this democracy and in the international sphere. It is, therefore, a matter of establishing the ‘checks and balances’ in a collective dimension which have received little or no attention from traditional political conceptions, but which constitute specific dimensions of core questions of liberal political theory and constitutionalism.

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Almost a decade ago, the United Nations clearly established that a politics of recognition is an integral part of the struggle for human dignity (Human Development Report, 2004). Moreover, it established that national and cultural freedoms, which include both individual and collective dimensions, are an essential part of the democratic quality of a plurinational society. Moreover, the importance that cultural and national features have for the self-understanding and self-esteem of individuals has been highlighted in the last two decades. As a result, values such as dignity, freedom, equality and pluralism become more complex in plurinational contexts than in those of a uninational nature.

The overall challenge of plurinational democracies can be summed up in the phrase ‘one polity, several demoi’.

One of the most important questions with regard to the case of plurinational democracies is the recognition and political accommodation of the national pluralism of these democracies Research linked to this challenge has also revealed the inability of the liberal, democratic and social rights included in constitutions to regulate an egalitarian and equitable treatment of individuals belonging to national minorities. Moreover, it has revealed the fact that it is impossible for states to play a culturally and nationally neutral role similar to that which they could establish (at least in principle) regarding other phenomena, such as religion.

Consequently, in many cases, national groups have an important moral role to play in not exhausting the individual components and dimensions of the basic values of liberty, pluralism and political equality.

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Analyses undertaken in political science, political theory and constitutionalism have identified certain elements for the construction of increasingly refined liberal democracies in terms of the political accommodation of cultural and national pluralism. The following is a simple list of factual, analytical and normative elements that, I believe must be taken into account in the analysis of this kind of democracy.

A) Factual elements

1) In practical terms, most human beings are culturally and nationally rooted.

2) Classical liberal and democratic political theories were created in much simpler contexts than present-day societies.

3) Nation-building processes exist in all states, including liberaldemocratic ones. Every state is an agent of nationalism and nationalisation. There exist values, interests and identities which are at least partially competitive in plurinational democracies. Also present are competing narratives and reconstructions of history and collective memories.

4) The abstract and universalist language that underlies the liberal values of liberty, equality and pluralism has contrasted, in practical terms, with the exclusion of a number of voices with regard to the regulation of specific liberties, equalities and pluralisms of contemporary societies (those who did not own property, women, indigenous peoples, ethnic, linguistic and national minorities).

5) National hegemonic groups in a state usually treat the internal, na-

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tional differences of democracies as ‘particularist deviations’. A practical response has been to promote the cultural and national assimilation of minorities in order to achieve their ‘political integration’. The practical consequence: the marginalisation of internal national minorities in the name of ‘citizenship’ and ‘popular sovereignty’ (of the state).

6) Minority groups give rise to specific questions regarding recognition and political accommodation (group rights, self-government, defence of particular cultural values, presence in the international arena, etc.).

They also highlight the lack of liberal, democratic and social rights to protect and develop the cultural and national features of minorities.

7) Nation-building and state-building processes have conditioned the conception (theory) and evolution (practices) of institutional solutions, such as federalism.

B) Normative elements

1) Cultural and national liberties are elements contributing towards the quality of a democracy. These liberties are important for the selfunderstanding and self-esteem of individuals (United Nations, Human Development Report 2004).

2) The normative importance of historical events. The political contexts in which individuals are socialised are often the result of historical processes that usually include violent elements (wars of annexation, exterminations, mass deportations, etc) which are sometimes at the root of modern-day struggles for the recognition and self-government of minority (stateless) nations.

3) Two general theoretical attitudes in policy-making when dealing with national pluralism: pragmatic (to try to avoid conflicts in the least costly way possible) and moral (to approach them as a question of ‘justice’ -fair relations between permanent national majorities and minorities).

4) Two general theoretical paradigms in relation to questions of socioeconomic or cultural/national justice in pluralist societies: a paradigm of equality (distribution) versus a paradigm of difference (recognition and political accommodation).

5) The lack of a theory of demos (or demoi) in traditional theories of democracy (whether they be of a more liberal or a more republican nature).

The lack of a liberal theory of legitimised borders.

6) The state as a ‘culturally neutral’ entity is a myth of traditional liberalism.

7) Individual and collective identities are not fixed, but rather we make choices from them. The belief that we are ‘autonomous individuals’ who choose our national, ethnic, linguistic, religious, and other identities is, to a great extent, a further myth of traditional liberalism.

8) Flaws in traditional liberalism based on its individualist, universalist and statist elements when they are applied to plurinational societies (nationally homogenizing conceptions of ‘citizenship’ and ‘popular sovereignty’).

Classical institutional responses

Whatever the most suitable liberaldemocratic solution or solutions may Catalan International View

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be will obviously depend on the context of each specific case (its history, international situation, types of actors, political culture, etc.). Nevertheless, it seems apparent that in contexts of national pluralism it is necessary to establish a much more refined interpretation than that offered by the basic values of traditional liberal-democratic constitutionalism: liberty, equality, individual dignity and pluralism. This complexity demands theories that are more sensitive and modulated to the variations of empirical reality when one attempts to clearly identify its basic legitimising values. Moreover, it demands, above all, practical, institutional and procedural solutions that are much more suited to the type of pluralism that one wishes to accommodate. This continues to be aspects of the liberal-democratic agenda that have yet to be satisfactorily resolved.

The three ‘classic’ institutional responses for societies with a strong component of national diversity have been: 1. Federalism: in a wide sense, including federations (mainly asymmetrical), associated states-‘federacies’, confederations and regional states.

2. Consociationalism: institutions and processes of a ‘consociational’ nature (based on consensus between the majorities and permanent national minorities). One can find examples of these institutions and processes in the democracies of Switzerland and Bel-

gium, in both cases in conjunction with federal solutions.

3. Secession: in recent years, a number of analyses have shown the biased and impoverished nature of traditional liberal theories when they are applied to contexts with strong components of national pluralism. In other words, when they are applied to plurinational democracies such as Belgium, Canada, Spain or the United Kingdom. One might enquire into the theoretical roots of such partiality or bias, which is present in the interpretation of the individualistic, universalist and statist components of those roots (beyond the institutional and procedural questions that these analyses have revealed with regard to the difficulties of establishing a satisfactory recognition and political accommodation of national minorities in these contexts).

A final generic question is what is the basic conceptual framework to which the notion of pluralism present in the classical liberal theories is linked. I believe that at least part of the intellectual difficulties of classical liberal theories in plurinational contexts is related to their philosophical foundations, which in many cases refer only to Kantian approaches. Somewhere I have proposed what I call a specific ‘Hegelian turn’ in order to provide a number of philosophical foundations that are more suitable to approaching and regulating, in liberal terms, the kind of pluralism present in plurinational democracies, but this point would deserve an article of its own.

*Ferran Requejo is full Professor of Political Science at the Universitat Pompeu Fabra (Barcelona). His recent books include Federalism, Plurinationality and Democratic Constitutionalism: Theory and Cases, (Routledge, 2012) and Federalism beyond Federations (Ashgate, 2011).

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How to address the language question in a new European state: the Catalan case

by Bernat Joan *

A historic event

On 11th September 2012, an event bringing together one and a half million people took place on the streets of Barcelona in what was probably the largest public gathering ever seen in Catalonia. On the occasion of the National Day of Catalonia, for the first time since the beginning of the Transition, the people took the opportunity to boldly, unequivocally call for a second transition, one making the exercise of the right to decide a reality in Catalonia. The demand of those taking part was unanimous, and was repeatedly chanted by the protesters without exception: Independence.

I recall saying that afternoon to my companions during the multitudinous event, ‘If [President] Mas calls an election in the near future, it’ll mean the government has taken notice of public opinion’. Artur Mas’ decision proved to be swift. Elections were called shortly after.

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Catalonia, a new European state

When President Mas called an election for November 25th 2012 it signalled both the beginning and the end of a chapter. It signalled the end of the ‘building an autonomous region’ chapter of Catalanism that began with Prat de la Riba (the creation of the country’s infrastructures), Macià and Companys (the interrupted dream), Pujol (the consolidation of structures) and Maragall (a new dream interrupted). It was also the beginning of the chapter of effectively exercising the ‘right to decide’.

Catalonia could have been viable as an autonomous community within a Spain of one or two autonomous regions if the remainder were a unitary state (as long as it respected identity), or within an Iberian confederation (with asymmetric confederalism, taking into account the actual existing nations), but Spain has systematically closed all the doors that might have made such an arrangement viable. Therefore, a new

Visions of the European state for the 21st century

chapter is beginning. If all goes well it will end with the establishment of the Catalan state within the European Union. Catalonia’s commitment to Europe is beyond doubt.

How will the language question be addressed in a Catalonia with newlyacquired statehood? An independent Catalonia will be able to have a much more open and flexible language policy than a bold autonomous Catalonia within the Kingdom of Spain.

Asymmetric official status

The Catalan state should be a shining example of the recovery of a national language, multilingualism and harmonious coexistence between the speakers of different languages. Catalonia has the potential to become a country with a richer linguistic heritage, both for its citizens (seen individually) and their corresponding collectives. The Catalan state will have to develop the language skills of its citizens. The autonomous

Catalonia has already done so, but it will need to go further. Catalonia, the new European state, will have to do everything possible to meet the objectives of the EU’s Europe 2020 Strategy, which aims to ensure its citizens are proficient in at least three EU languages. It will have to take advantage of the existence in our country of people who dominate (as a first language) such widely spoken languages as Chinese, Arabic, Urdu and Hindi. Not to mention Spanish, which plays and will continue to play a structural role in our nation, in which it is so well established.

Given the above, may I suggest the following: 1. Catalan is the national language of Catalonia. As such, it should be the official language of the Catalan Republic. As with any other member state of the European Union, it is understood that the Catalan language, as the country’s own lanCatalan International View

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guage, should be the language of social cohesion.

2. Since Occitan is the language of our historical national minority, it must retain its status as a fully official language in Catalonia. The principle of preserving the linguistic rights of minorities is fundamental for all Catalans.

3. Spanish and English should be the co-official languages of the Catalan Republic. Both being languages for communication with the outside world should allow for easier, more fluid relations with the rest of Europe and the world at large. In addition, Spanish is the mother tongue of a large number of Catalan citizens.

Meanwhile English is the common language of communication within the EU and on a global scale.

Catalonia has already done so, but it will need to go further. Catalonia, the new European state, will have to do everything possible to meet the objectives of the EU’s Europe 2020 Strategy It is clear that Catalan cannot be given the same status as the other languages that have some kind of official recognition within the Republic. Catalan is our national language, and therefore it should be included as such in the future Catalan constitution.

Special mention should also be given to Occitan as the language of our historical national minority, in the Val d’Aran. Indeed, the new Statute established the official status of Occitan (or ‘Aranese’ in the Val d’Aran), which was subsequently enshrined in the Occitan Law, which establishes the rights and responsibilities resulting from Oc36

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citan’s official status. Occitan’s official status in Catalonia has had an undeniable impact on different parts of Occitan within the French state and even the Occitan Valleys of Piedmont (Italy).

The impact of the official status of the language of our historical national minority has been viewed very favourably by the European Union, which sees it as of undeniable value in the respect for minorities and as entirely positive with regard to plurality and diversity.

Castilian or Spanish should retain its official status, but (and here comes the asymmetry) as a co-official language of the state. Castilian or Spanish is nowadays the language of a very significant part of our society, and as such it cannot be neglected or sidelined. The construction of a new European state will largely be carried out by hundreds of thousands individuals who have Spanish as their first language and who have decided to make Catalonia their country and who fully identify themselves with it. Catalonia must therefore also fully identify itself with the Spanish language, and this can only be done, if it is not to be merely lip-service, by giving Spanish official language status, with all the rights this entails.

Finally, I think it would be a good idea to make English another official language, since it is Europe’s de facto second language. It would be way of highlighting our Europeanness, sending a signal to the EU and accentuating multilingualism by having official recognition in Catalonia. It is worth remembering that a country like Singapore (population 4 million, all residing in a large Asian city) has four official languages: Malay, Tamil, Chinese and English. The first language is Malay, Tamil belongs to a historical minority, Chinese belongs to the largest group of immigrants and English is used for interfacing with the world.

Visions of the European state for the 21st century

Objectives of asymmetric official status

The asymmetric official status of languages in Catalonia will achieve objectives that I believe are fundamental to the language policies that need to be applied once the nation can decide its own future: 1. It will ensure the predominance of Catalan, as a fundamental sign of the country’s identity, as a medium of intercommunication between speakers of different languages and as a key to social cohesion within Catalan society.

Catalan, therefore, should have the role of the common public language of all Catalans.

2. It will guarantee the future of Occitan, of the Aranese of Val d’Aran and undoubtedly of a large part of Catalonia’s linguistic, cultural and historical heritage. It will also continue to have more positive effects on ‘wider’ Occitan.

3. It will respect the language rights of half the population, those who have Spanish as their first language, and it will promote a solid foundation in language skills for all Catalans, regardless of their first language. Meanwhile, it will also guarantee access to the Hispanic world via an understanding of the language it uses as a medium of communication.

4. It will ensure the expansion of knowledge of the language of exchange at a global level, with all this implies in terms of opportunities for exchanges with the outside world.

In addition, giving English official status would be a pioneering move, by formerly acknowledging an issue that is a de facto reality, both within the European Union itself, as well as in large parts of the planet.

The objectives of any state in relation to language should be the following: primarily, to ensure their language is well established within the state’s jurisdiction. Indeed, all European Union member states act in accordance with this principle. Secondly, the state must ensure its society does not become isolated from the rest of Europe, by guaranteeing high-quality access to the languages most commonly used within the European Union: English, French and German in particular. The state also needs to ensure that its citizens are able to carry out their activities and communicate in different languages. The objective would be ‘one’ (each individual’s first language) ‘plus two’ (two languages they have learnt). In the case of Catalonia, this ideal could easily be more ambitious.

Catalonia, as a new European state, should constitute both a model of efficient management of multilingualism and of the full recovery of its own national language, after centuries of linguistic and cultural siege and a lack of national and linguistic freedom.

*Bernat Joan (Eivissa, 1960). Professor of Catalan Philology and a sociolinguist. He has written essays, plays and novels and coordinated various studies on sociolinguistics. He has been a member of the European Parliament (2004-2007) and Secretary of Language Policy of the Catalan Government since 2007. He is part of the European Free Alliance (EFA) and member of the Centre Maurits Coppieters foundation scientific committee. He has contributed to the Languages and Speakers for a Diverse Europe think tank, linked to the Network to Promote Language Diversity.

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Dossier

Identities and the Glocal World by Àngel Castiñeira*

It appears nowadays as if modernity, the familiar commitment to individual freedom and equality, has created a barrier to the acceptance of new demands from cultural, ethnic and national minorities within liberal democracies, which see their identities becoming diluted or their differences homogenized.

For some we are witnessing a unique, uniform conception of globalization that aims to impose a single way of life, a single pattern of consumption and even a single means of communication.

However, struggles in favour of the recognition of identities are merely the flipside of globalization. Integration efforts are offset by the energy countries invest in maintaining their own cultural peculiarities. With this in mind, a statement made by the Austrian-born American management consultant, educator, and author Peter Drucker makes more sense: ‘The more transnational the world becomes, the more tribal it will therefore also be’. In 38

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a globalized world, the proponents of democracy must accept the challenge of combining equality and divergence, since the ‘truth’ of cultural and national minorities is not easy to deny: it is not possible to conceive of personal freedom on the margins of a particular and historical culture, which provides us with a language and a framework that allows us to understand the meaning of the life choices that are available.

Nowadays, the defence of cultural identity, in all its varieties (national minorities, ethnic groups, immigrants, indigenous peoples, feminist collectives, the disabled and so on) therefore requires new forms of intercultural dia-

Visions of the European state for the 21st century

logue and the permanent political recognition of the rights or status of the members of certain groups: language rights, self-determination or broad regional autonomy, political representation, their presence in the school curriculum, territorial rights, respect for national symbols and official celebrations, the implementation of immigration policies and so on. The ethics of the difference thereby becomes a valid response to the challenges of the future in which cultural identity represents the anchor point needed to counteract the potential homogenization resulting from globalization and in which the demographic changes which we un-

dergo will further encourage migration and cultural pluralism.

While the world seems to move towards integration, while capital markets become unified and so do the habits of a certain group of cosmopolitan nomads (business people, politicians, tourists, journalists, researchers, etc.) there is also an awakening of consciousness of the identity of peoples and groups that have formed nationstates who have often lived under the guise of an invented or imposed uniformity. A number of these resurgences of unique identities (such as certain religious fundamentalism and certain ethnic nationalism) will presumably Catalan International View

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mean a return to pre-modern forms of belonging. Nevertheless, many of today’s expressions of multiculturalism which call for the right to be different, whether from women’s groups, migrants, stateless nations, religious and linguistic minorities or indigenous minority groups, actually represent a democratic (and postmodern) challenge to the old straightjacket of the modern liberal nation-state and the globalizing logic of the economy itself.

Multiple forms of belonging lead us to exercise flexible and adaptable relations with the various communities with which we maintain ties In opposition to the logic of mobility one sees evidence of the logic of identity. In the words of Vicente Verdú, ‘mobility, movement and lightness suit the market, but for the community roots are key, the bulk of their memory, the weight of their tradition. Indeed, the market favours fluidity, exchange, barter, while human societies need the strength and solidity of their symbols’.

The same whirlwind that accelerates the integration and mix of cultures, information and consumption also causes the fear of a loss of identity, the defensive retreat to nonnegotiable fundamental categories and the reaffirmation of their own cultural tradition. The unification of the world highlights the struggle within cultures and societies to (re)define their identity. This attitude is not only (or at least solely) about the desire to continue to (relentlessly) maintain our cultural traits, but also about updating and verbalizing (out of a sense of bewilderment) what we are and what we can be: What does it mean to be a citizen nowadays? Do we need 40

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one or multiple identities? Will these identities be compatible?

Thanks to these recent changes, nation-states are forced to abandon their outmoded claims to be a homogenous unit. Instead they must recognize that they in fact shelter a plural association in which different cultural communities aspire to come together to participate in the exercising of power without becoming diluted by conforming to a common mould. The public space and the institutions must combine, both when it comes to protecting the right to equality (political, before the law, of opportunity) and the right to be different. Between total market mobility and defensive, premodern, identity fundamentalism we must learn to devise new, more complex forms of identity, together with new ways of receiving and integrating the ‘other’.

Nowadays, urban and social mobility, cultural changes and historical events, the abandoning of roles and the adoption of new ones, means the cultural link between historical tradition and community loyalty is weakened.

This is because human identity is now more open. The new pluralist framework, which affects every Western country if not others, means that our identities are becoming more and more complex. The fact that in the contemporary world we tend to build complex identities, in an ideal world allows us to envision shared loyalties, thanks to the practice of cultural pluralism.

Nevertheless, despite such observations of new liberalization processes, modernization and increased mobility we should not fall into an overlysimplistic view of cosmopolitanism.

We should remember that intercultural exchanges are infrequent, difficult and often expensive.

Instead, we are talking about greater interaction and porosity between cultures. We can belong to several communities and places simultaneously, we can

Visions of the European state for the 21st century

use different languages to communicate, we can try to reconcile different traditions, we can even practice a degree of ‘cultural DIY’. Multiple forms of belonging lead us to exercise flexible and adaptable relations with the various communities with which we maintain ties.

What seems difficult to accept, however, is that the price for an alleged universalism or cosmopolitanism is the blurring of one’s own unique identity.

In order for there to be intercultural dialogue and respect for differences, first there must be recognition of the right to exist, to have one’s own identity, language, shared values and symbolism.

One must not only aspire to ‘maintain’ it in the present, but to be able to creatively convey it to future generations.

Cultural and national identities are not satisfied with affirmative action which seeks to temporarily right the injustices committed against them or the effects of inequality. Instead, peoples and cultural communities aspire to reaffirm their permanent existence and the reproduction and transmission of their characteristics.

This new ‘glocal’ framework and the new context of cultural pluralism require us to practice far more complex combinations, combinations, dare I say, that are two-way. We are to respect the cultural differentiation of those who are identical (to us) and we are to recognize and, where appropriate, encourage the possibility of the identification with those who are different (who live with or wish to live with us).

We are entering a new and far more complex conception of identity.

Globalization, Internet 2.0, the possibilities of communication, allow us to further experiment with the idea of having more than one identity. We can have composite identities, multiple belongings, negotiations between different life choices, and so on. An increase in the number of life choices can even

enable us to construct a modular identity. This implies, in my opinion, the greatest challenge to the future definition of ourselves. To be able to speak of ‘us’ requires us having something in common. If the individual option is to have radically differentiated lives, then the question posed in the title of a book by sociologist Alain Touraine, ‘Can We Live Together?’ becomes crucial. Because in order to live together, even though we are very different, we have to have something in common.

With glocalization we must learn to combine the global and the local, which I call the wings and the roots With glocalization we must learn to combine the global and the local, which I call the wings and the roots.

We can and must be parochial and cosmopolitan. What we cannot be is one without the other. Rootless cosmopolitanism is, in essence, emptiness, an uprooting. Rootless cosmopolitanism does not exist: I can be a citizen of the world when I know where I am, where I was formed, what my culture is. Then I am able to identify myself and interact with others. The danger is that the combination of the global and the local, which is now termed ‘glocal’, also creates tensions. When, thanks to globalization, one is afraid of losing the local, the identity, one protects ones integrity and can thereby become a fundamentalist. If the one were completely open to the tsunami of globalization would possibly sweep them away in its path. Such issues are pertinent nowadays: globalization provides us with opportunities, ways of life and different identities, but in combination with the local it can be reinforced or explosive.

Benjamin Barber published a book enCatalan International View

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titled Jihad vs. McWorld. What does he mean by this? That in the world there is a tension between the two models: the McWorld is the McDonaldsized world where everything can be bought and sold, where the world is a commodity. In this world identities are afraid of losing. Then we jihadize ourselves, we close in on ourselves. Barber argues that the global and the local are not two different things: they are two sides of the same coin. The more global we become, the more need we have for localism, and if the two are not combined in a balanced way it can lead to incredibly violent outcomes.

Economic, financial and production relations are developed on a global scale and the actors involved conceive and develop their strategies while taking as a reference the global system In an approximate and inevitably inexact way we could say that all Western countries are already multicultural.

In other words, in a peaceful and tolerant way, most of them practice living with diversity rather than simple coexistence: individuals are not treated as mere or exclusive carriers of collective identities (in practice this would imply the dangerous exercise of a certain form of collectivism) but rather are treated as autonomous personalities with the ability to freely define their identity and their goals. Aside from a few exceptions, there are no restrictions to their freedom or any kind of oppression in the name of certain values of particular groups or lifestyles. In any case, there is no more ‘oppression’ than that imposed by any liberal-democratic authority on any of its citizens in order to obtain strict compliance of their basic civic duties.

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It is likely, therefore, that this differentiation of identities will continue fluctuating, on one hand between the legitimate institutional strengthening and encouragement towards those forms of behaviour that constitute the ‘lowest common denominators of coexistence’ and on the other, between institutional non-resistance to the modulation and testing of alternative life choices by individuals, and the fact that they can benefit from life chances, in the new framework of globalization, arising from interaction with and/or learning about other cultures.

Visions of the European state for the 21st century

Glocalization and business

The cultural challenges which the glocal condition poses for peoples and communities also affect companies. We know that the new globalization goes further than internationalization (trade and relations between countries and states) or multinationalization (the strategies of transferring and outsourcing resources in the search for higher productivity and profitability). It is now more common to speak of a transnationalization of economic, social and political relations.

Economic, financial and production relations are developed on a global scale

and the actors involved conceive and develop their strategies while taking as a reference the global system. Interactions and interconnections are intensified and so too are interdependencies. Consequently, a new business model emerges that shapes company strategies on a global scale. For some, this represents the beginning of the end of national systems and the final uprooting of the old local dimension.

The economic sphere appears as a non-national, global space. Globalization is carried out by multinational corporations integrated into global sysCatalan International View

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tems of large corporations, often obeying a logic which runs counter to national interests. They operate under the banner of global capitalism. However, the global geo-economy (the struggle for global economic hegemony) is not disputed by companies but rather the national economies of the most developed countries. Nation states continue to act according to the logic of national capitalism. In the dispute between global and national capitalism, some companies question whether it is better to be a local/national company or a non-national/global one. As was demonstrated by E. Luttwak (1998) geo-economically active states encourage ‘their’ companies and oppose, if not actively boycotting, rival foreign companies. Restrictions on imports, export subsidies, funding for competitive technology projects, the promotion of infrastructure of strategic importance for the economy, trade tariffs, hidden trade barriers, endless lists of requirements (health and safety, labelling, packaging and recycling) are all part of the arsenal states use in the battle of the global geo-economy.

Perhaps we will never be a big country, but we can be a great country. It all depends on the quality of our message, our actions and what we will be able to contribute to the world.

The correct question to ask is not whether global companies have more advantages than the local/national ones however, but whether they can provide a better response to global problems. The fact that they call the shots on a global scale does not necessarily mean that they also have a global conscience and universally take responsibility for the world’s problems.

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Benjamin Barber, for example, refers to the ‘toxic cosmopolitanism of global markets’ by the name of McWorld, while Richard Falk warns against the dangers of market-led globalism and encouraged by multinational corporations and banks and ‘currency speculators and casino capitalists’.

For now it is unlikely that global capitalism operates with a sufficiently cosmopolitan vision that is able to move from a defence of Adam Smith’s ‘wealth of nations’ towards a defence of the ‘wealth of the world’. A company is a private entity pursuing largely private interests. With no local or national ties it is (even more) difficult to imagine that a company would pay special attention to promoting such wealth.

We know that national identities have certain virtues and certain defects.

These virtues include the ability to unite a community and generate a sense of civic commitment among members of the same group. National identities are formidable sources of meaning that affect and mobilize individuals and communities and help make them accountable to other citizens. Nowadays, with globalization, the sense of community is expanding and the state no longer has sole claim over our sense of ‘us’. According to Timothy Garton Ash, the problem is that the ‘moral us which refers to all of mankind is not yet operational’.

Indeed no one knows if it will ever be.

We need to ask a more precise question: ‘What is the broader political community to which you would spontaneously apply ‘us’? The answer we give to this question is the key to our future’. Timothy Garton Ash (2004).

To conclude, are global businesses the standard bearers of cosmopolitanism? Perhaps. However, we must not confuse the defence of a universal approach with the defence of casual cosmopolitanism or the banal globalism a certain economic, political and cultural

Visions of the European state for the 21st century

elites, for which globalization entails a certain loss of their roots and a liberation from all that is implied by localism. Nevertheless, it is not the case that these elites have rid themselves of the annoying adhesions of space and national context (as it would seem they wish to do) and have made the effort to explore new cultures, rather they live in a global archipelago (I was going to say a bubble) made up of airports, hotels, shops, international restaurants and meeting rooms, which in reality is the area that actually dictates their life experiences and cultural references.

We have global problems, global products and global services. We also have certain global institutions. We find it difficult to posess and above all to mobilize ourselves in response to global identities. Martha C. Nussbaum’s calls for ‘global citizenship’ and David Held’s defence of ‘cosmopolitan democracy’ or Ulrich Beck’s defence of a ‘post-national cosmopolitan world order’ are praiseworthy but currently appear to be nothing but an institutional fantasy or a utopia.

Since we are in the early days of constructing an ethical-political approach to a new global age, we shouldn’t ask ourselves (or contribute to asking) whether it is more advantageous if we were national or transnational, but rather ask ourselves how we can consciously face major glocal problems as part of our daily business. The way in which we build and we are allowed to combine the ‘I’ and ‘us’, the ‘us’ and the

‘others’, the ‘particular’ and the ‘universal’ will ultimately determine our fate, for better or for worse.

Daniel Bell argues that the state has become too large for the small things and too small for the big things. For local issues, we want an administration that is close at hand. And when it comes to serious global issues, nowadays NGOs and international organizations are better prepared than states.

Why? Because states were neither designed nor intended to be global.

Either you explain yourself to the world or they explain you I believe glocalization forces us to manage new problems. Around the time when Jordi Pujol was in office, before people started talking about globalization, the slogan ‘Our World is the World’ became popular in Catalonia. Obviously we are members of a nation, but either we form part of the world and/or have something to offer the world, or we will be swept away by history. Either you explain yourself to the world or they explain you. Our voice may be very small, but we have to stress our desire to have a voice in the world, a voice of excellence.

Perhaps we will never be a big country, but we can be a great country. It all depends on the quality of our message, our actions and what we will be able to contribute to the world.

*Àngel Castiñeira Holds a Degree and a PhD in Philosophy and Educational Sciences from the Universitat de Barcelona. His currently Director of the Chair in Leadership and Democratic Governance (since 2006), Director of the Department of Social Sciences (since 2005), Professor in the Department of Social Sciences (since 1993) at ESADE-Ramon Llull University and Director of the Values Observatory, Fundació Lluís Carulla (since 2007). He has many publications to his name, most recently Nations imaginées: identité personnelle, identité nationale et lieux de mémoire (Imagined Nations: Personal Identity, National Identity and Places of Memory, In A.-G. Gagnon, A. Lecours & G. Nootens (dirs.) (Ed.).

Les nationalismes majoritaires contemporains: identité, mémoire, pouvoir (Montréal: Quebec Amérique).

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The Americas

Post-Chavezism in Maduro’s Venezuela

by Andrea Daza*

‘Let us not fool ourselves: Venezuela is still a rentier state, with a socio-economic formation that is capitalist by nature’. The sentence appears in Hugo Chávez’s final government plan. One could call them his government’s ‘famous last words’, when we are presented with images of Venezuelans desperate to take home the latest consumer goods such as plasma screen TVs. President Nicolás Maduro gave civil servants an early Christmas present by granting them their bonus ahead of local council elections on December 8th. He also declared ‘economic’ and ‘media’ war on those examples of the ‘bourgeois press’ which bring to the attention of the public the high level of inflation in the Venezuelan economy, the scarcity of products (including basic goods) and the general feeling of insecurity, among other news: always bad news.

Venezuela has seen a decade of exchange control: a decade providing subsidized foreign exchange to individuals and businesses, through agencies such as the Commission for the Administration of Currency Exchange (CADIVI) and the Supplementary System for Foreign Currency Administration (SICAD), the only official way to obtain dollars or euros at preferential rates set by the government. It is a measure which was originally intended to curb the flight of capital from the country.

The fixed rate is 6.5 bolivars per dollar, while the unofficial market rate is up to eight times this value.

In a resulting government crackdown on November 8th, Maduro announced a series of programmes devoted to the ‘inspection, supervision and control of all economic sectors in order to combat speculation’. Maduro went 46

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on TV to declare that the government had detected widespread corruption in businesses receiving preferential currency rates in the order of 1,000%. He proceeded to announce that the Armed Forces would take over shops selling domestic appliances and they would establish ‘fair prices’ for the people, in conjunction with consumer protection agencies: ‘Let nothing be left on the shelves’, he declared.

Lowering inflation by decree

The next day, the announcement resulted in a crowd outside one of the ‘occupied’ businesses in the city of Valencia. Unable to contain themselves, they proceeded to ransack the shop and could be seen leaving the premises with dozens of flat-screen TVs. YouTube was awash with such images. In the following days, the queues outside

The Americas

electronic stores were repeated, this time with shoppers who wanted to take advantage of the discounts announced

by Maduro, in the order of 30%, 50% and even 70%. Christmas arrived early in Venezuela, with the January sales coming before December. This in a country with an annual inflation rate of 54.3%, according to the Central Bank of Venezuela (BCV).

These are the contradictions of a tropical country that has been afflicted by the ‘Dutch disease’ from the very day oil production began, thanks to a sharp rise in tax revenues from natural resources (in the order of $100 per barrel of oil) which cause an imbalance in the productive apparatus. Venezuela has never recovered.

Now however, Nicolás Maduro, Hugo Chávez’s political heir, hopes to reduce inflation, lowering the cost of

goods and establish a ceiling on earnings, among other recent measures. In a move aimed at ushering in a new era of consumer socialism for the twenty-first century, Maduro has asked the National Assembly for special powers in order to rule for 12 months without parliamentary oversight. It is an example of the so-called ‘enabling law’, which allows for rule by decree (as President Chávez was to do on five occasions), this time in order to fight corruption and the ‘economic war’. The National Corporation for Foreign Trade and the National Foreign Trade Center have already been created under these powers, to ‘restore order’ and regulate imports and foreign exchange.

In the meantime, Rafael Ramírez the president of Petróleos de Venezuela (PDVSA), announced a massive plan to import food. In addition, the ÓrCatalan International View

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gano Superior para la Defensa Popular de la Economía (Higher Authority for the People’s Defence of the Economy) was created. Meanwhile the BCV has announced at least a dozen sales of foreign currency aimed at companies and individuals, ‘to meet the needs of the national economy’.

On Friday 15th November, the Venezuelan newspaper El Mundo Economía y Negocios ran a front-page article entitled ‘Clearance Sales Reach the Central Bank Reserves’. It went on to explain that local-currency debt markets fell to $20,912 million, ‘the lowest level in nine years, after losing $1,032 million in a month’. The article cost the director Omar Lugo his job. He was sacked following pressure from the new owners of Cadena Capriles, a media conglomer48

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ate that was sold to businessmen close to the government. Maduro publicly criticized the article: ‘There hasn’t been a shortage of dollars and nor will there be’, declared, ‘don’t draw false conclusions like those in today’s El Mundo’.

The figures were taken from Venezuela’s Central Bank.

Correct the distortions

‘We are suffering from a crisis of abundance’, according to the economist Víctor Álvarez, former Minister of Basic Industries and Mining under Chávez.

According to him, the current economic crisis poses an ‘immediate rather than a cyclical difficulty related to a timely and adequate currency supply, which could be put right in a very short period, if the right steps are taken’.

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Álvarez adds that not only does the Venezuelan government have international reserves at its disposal to meet import requirements: ‘the government has another important account, the Fonden (National Development Fund), consisting of liquid assets, which belong to the Sino-Venezuelan Fund’. These are key elements of the new financial institutions designed by Chávez in 2005, with his then Minister of People’s Power for Planning Jorge Giordani. According to Álvarez, ‘if the accounts were consolidated, the government could manage its foreign currency reserves more intelligently’.

His recipe is the following: ‘we need to change the incentive: instead of stimulating the buying of cheap dollars that end up in foreign bank accounts, we must begin to encourage the repatriation of capital, its return to our country’.

The other factor in the equation is a worthless Bolivar, versus an overvalued Bolivar. In Álvarez’s opinion, ‘this is another distortion’. ‘Exchange rate adjustments are seen as a tragedy. Every time SICAD holds an auction it is seen as devaluation in disguise. It turns out that SICAD’s auctions are what’s correcting the problem of excessive currency overvaluation, since the official exchange rate is too low’. Álvarez ‘s solution is to move towards an exchange rate that reflects the ‘true competitiveness of production and industry’, without penalising it via the currency auctions, in order to, ‘go on encouraging the foreign exchange market’. In other words: industrialize the economy, a complex and long-term action, the results of which will not be seen immediately, nor by decree.

Nevertheless, more challenges face the country: the price of petrol, for example. In Venezuela a litre of 95 octane costs less than 2 cents. ‘Such a subsidy stimulates irrational, wasteful consumption’, argues the economist.

‘The country should begin a national debate in order to rationalise the price of gasoline without creating a trauma’.

It has been a taboo topic for Venezuelan governments dating back to the Caracazo, as the wave of protests of February 1989 were known. They were centred on the capital, beginning as a reaction to a package of neoliberal policies imposed by former President Carlos Andrés Pérez. Chávez subsequently defeated him in the 1992 coup. Among the measures was a hike in the price of petrol. Hence the resulting trauma. Álvarez suggests that, ‘one option is for additional revenues to be allocated to the creation of public transport companies in public hands’. ‘The population with fewer resources would applaud this measure and a regressive subsidy would become a progressive measure’. So far this has yet to happen.

The results of the presidential elections on April 14th of this year, the first since the death of Hugo Chávez, narrowed the gap between the government and the opposition

In the shadow of the vote

Luis Britto García, a writer and political analyst, believes that Nicolás Maduro has faced two major challenges these past months: ‘Firstly, the legitimacy and stability of the government’.

The results of the presidential elections on April 14th of this year, the first since the death of Hugo Chávez, narrowed the gap between the government and the opposition. Maduro won by a little over 200,000 votes. Henrique Capriles challenged the results. ‘The opposition instigated riots’, claims Britto García.

‘Virtually every government has recognised Nicolás Maduro as the winner.

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At this stage, his legal and political legitimacy is thoroughly fulfilled’. For the second challenge, however, this is not the case. According to Britto García, ‘the second great problem of course, is economic. There has been a decapitalization of international reserves, and the handing out of preferential dollars, which in some cases have gone to fictitious companies’, the product of corruption. As a result Maduro is now promising to ‘audit every dollar that was handed out’.

The opposition is gaining followers, especially the ones it lost in 2005, in various elections where the different parties campaigned for people to abstain

Britto García, who has always been supportive of the government, considers it a mistake to label Venezuela a rentier state: ‘What Venezuela is doing is liquidating an asset. It has tried all the means available to it. The government claims it is producing 70% of the food the country needs, but there are problems in terms of diversifying the economy’.

Meanwhile, the opposition is gaining followers, especially the ones it lost in 2005, in various elections where the different parties campaigned for people to abstain. Now, after the unsuccessful projects and failed candidates that led to the 2002 coup, the Venezuelan opposition has managed to centre its interests around the Mesa de la Unidad (Board of Unity), a coalition of new and existing parties, united in their opposition to Chavezism. Their hopes are riding on Henrique Capriles, the governor of Miranda state, and two-time presidential candidate. On November 23rd Capriles led the first mobilisation since April’s defeat. He is waging ‘guer50

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rilla warfare’, since he has little media coverage: ‘They’ve been in power for 15 years and they’ve only just realized there was corruption’, according to Capriles. He called on people to vote, as the only way to put an end to ‘the chaos that we are living through’.

Thus, the country’s opposing political forces, one somewhat debilitated but in possession of the state apparatus and the other still to be well established, once and again came face to face in an election campaign, on December 8th. These elections were a test of April 14th, according to the political scientist Luis Salamanca, interviewed before the polls, ‘they will indicate whether the fall in votes for Maduro will continue and if the opposition’s rise will be sustained’.

Xavier Rodríguez-Franco, founder of Entorno Parlamentario (Parliamentary Environment), an organization that has spent the last two years keeping watch over the National Assembly, believes that Capriles wanted the last municipal elections to be found as a ‘referendum of national significance’.

He failed to do so.

The contradiction is that nine months ago, Capriles contested the results of the presidential election against Maduro: ‘carrying on in this way, having presented evidence to the effect that he was robbed of the election, undermines his credibility’, says the political scientist. ‘How come the opposition has yet to raise a legislative initiative to redress the imbalance in Venezuela’s elections even though it has enough MPs to do so?’, he asks. His verdict is that, though the opposition has grown, ‘their strategy and proposals continue to be rather weak’. And that is exactly what the last results showed, with a twist: the gap between the political forces has grown, in benefit of the government.

Melissa Salmerón, a Venezuelan electoral specialist who is completing her PhD at the Universitat de Barce-

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lona, recalls that in 2010 the Venezuelan electoral regulations eliminated the role of the observers, replacing them with ‘electoral companions, which is not merely a change of their name. In a report she wrote for the Barcelona Centre for Internationals Affairs (CIDOB), Salmerón argues that ‘by rejecting electoral observation, doubts as to certain irregularities remain unresolved. Not only does it fail to prevent international interference, it calls into question the universal recognition of the legitimacy and transparency of the result’. Nevertheless, until now the election is the only tool that has allowed the opposition to advance and has kept Venezuela within the limits of democracy.

Now, the country faces at least two years with no elections in sight. The campaign is over and the 2014 forecast is of a rather harsh year to come. ‘Socialism has only just begun to implement its own internal dynamic among us’, Chávez wrote in the government plan he submitted on June 11th 2012.

‘This program is specifically designed to establish it and deepen it; directing it towards a radical removal of the logic of capital that must continue, step by step, without slowing the pace of progress towards socialism’. This is the plan he left in writing for the country and for Nicolás Maduro in particular. ‘But let’s not fool ourselves’, his plan remains unfinished.

*Andrea Daza (1981, Barinas). A Barcelona-based Venezuelan journalist. Press and Communication officer at Universitat Ramon Llull’s Blanquerna School of Communication. She participated in the Woodrow Wilson Center-Washington Post Journalism Fellowship for Latin America and the Caribbean. In 2010 she received a special mention at the First National Contest of Investigative Journalism, organized by the Venezuelan chapter of the Press and Society Institute (Ipys). She freelances for various media organisations in her country, while working on her doctoral thesis at Blanquerna. She writes a blog called Lazotacalles.com.

Interview

Isona Passola ‘Spain will only move forward if Catalonia becomes independent’ Interviewed by Eva Piquer

Isona Passola (Barcelona, 1953) is convinced that films are a country’s best calling-card to the world and that a country creates itself through cinema. Passola, producer of the internationally-acclaimed Catalan film Pa negre (Black Bread) (winner of 13 Gaudí Awards, nine Goyas and Spain’s contender for an Oscar in 2013), is currently working on a documentary about Catalonia’s independence which aims to fight fear with reason.

In 2009 she directed the documentary Cataluña-Espanya, about an unworkable relationship. She has been an actress, scriptwriter, director and a producer. She is also the current president of the Catalan Film Academy.

She never stops working.

You were actively involved in the Concert for Freedom held at Camp Nou and the Via Catalana (Catalan Way) that took place on September 11th.

Yes, of course, it’s what we need to be doing now.

The Catalans have to speak to the world and we have to gain international credibility. Civil society is at the forefront of the sovereignty process, it moves it along and gets involved in every initiative aimed at putting pressure on the government.

Having said that, in Catalonia we have a democratically elected parliamentary majority that wants to move towards a state of our own. Most Catalans have come to the conclusion that Spain is of no use to us in achieving the welfare state that we deserve, one which will be different from the one we had (the new welfare society will be more austere), but still firmly based on education, health and culture. It’s something we will never

achieve with a Spanish state, and it’s something we Catalans are very aware of. Since Catalonia has been powerless for many years, it has a civil society which is much more organized than that which is found in Spain and many parts of Europe. We have organized on the margins of power; we have all manner of social clubs, scientific and cultural organizations, all kinds of groups. And now we have to go from being a country that resists to being a country that builds.

You’re currently directing a documentary that will be called L’endemà (The Day After). The day after what?

The day after we achieve independence, of course.

I’m speaking about the country we will become.

The documentary tries to explain what Catalonia would be like, what Catalonia will be like with its

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own state, without relying on Spain. It’s a modest attempt to counter the arguments based on fear used by those who want to hide democracy. It explains why we shouldn’t be afraid of losing our pensions, why we shouldn’t be afraid of losing our health care system and so on. And of everything we stand to gain: what the new Catalan justice system will be like, for example. I’m not speaking about the freedom to decide, I take that as a given.

Denying someone the right to decide is profoundly undemocratic and it’s inconceivable that in a democratic Europe this right can be denied. The documentary isn’t aimed at the Catalans who are already convinced of the need to have their own state, but those who are still undecided, because they’re not sure it’s worthwhile creating a new state, or because they have deep emotional ties with Spain, or because they question the viability of Catalonia as an independent state... It’s a film for the undecided. It’s been funded in an unusual way, with crowdfunding, since cinema is under threat throughout Europe and the Spanish government has a deeply anti-cultural bias: the first thing they cut was funding for culture. L’endemà is the result of the most successful crowdfunding campaign in Europe: we’ve raised more than 300,000 euros.

Denying someone the right to decide is profoundly undemocratic and it’s inconceivable that in a democratic Europe this right can be denied Catalonia’s urgent need for freedom is born out of the sins of Spain?

In large part, yes. Spain has managed the state very poorly, and the world needs to hear about it.

The problem has been a long time in the making; Spain has always been predatory in nature. With the conquest of America it had all the gold in the world, yet every four years it declared itself bankrupt. Later it had Europe’s gold and it went bankrupt with the AVE [Spain’s troubled highspeed train project]. It’s been so accustomed to being a predator that it’s never taken the time to look at itself. The fault doesn’t lie with the Spaniards, but with a predatory minority embedded in 54

power that has never stopped bleeding the majority dry and enriching themselves. Spain will only move forward if Catalonia becomes independent.

Catalonia was easy prey. When it no longer has Catalonia, the Spanish state will have to decide what to do with Andalusia, deal with its abandoned estates, think about where it will obtain its wealth. I think it will do Spain a lot of good if Catalonia leaves, I really mean it, as it will need to rethink itself. I think it’s time for Catalonia to leave Spain, albeit for a while. If later we then want to come back, then we’ll come back. No state has ever gained independence from Spain and later returned, but anything is possible. We Catalans and Spaniards can be good neighbours.

We want to play with the La Roja [the Spanish football team]? Then so be it. We want to go to the Goya film awards? Then we’ll go. But we’ll be independent and have a relationship based on equality.

In all honesty: do you see independence as being about to happen?

It all depends on us. We need to understand that we have almost nothing to do with this state, and we still have a lot of explaining to do. Whichever way you look at it, Spain doesn’t deal with its citizens’ problems, and it doesn’t want to deal with the problems of regional imbalance, because it believes it’s the sole political entity. A state that doesn’t allow other political entities, even when millions of people take to the streets, which is what happened the last two National Days, is an authoritarian state that has no solution. Maybe we could find a solution with Spain if it was an equal relationship and we could negotiate. However, every time we Catalans open our mouths Spanish authoritarianism rears its ugly head, so it’s not worth trying to carry on. The federalists and confederalists should take a look at the federal states in other parts of the world: they are all political subjects and, as such, are able to negotiate structures jointly. Spanish intellectuals, politicians and teachers (with the exception of a very small fringe on the left) have failed to make the slightest effort to understand the Catalan people.

When I made the documentary Cataluña-Espanya I gathered accounts of academics on both sides, and they began to talk calmly. Well-respected academics agreed that Catalonia is a political entity,

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however much they disliked the idea of a separation, and recognized that with the current crop of politicians, consensus is impossible. The solution comes down to Catalonia having its own state.

Many economists agree that small states operate better than larger ones. And we Catalans have the common sense and grit and determination that has made us what we are. The common sense comes from Central Europe: stubbornness, order, responsibility. And the determination is part of our Mediterranean, fun-loving side. This mixture of common sense and grit is extremely beneficial; we just have to take advantage of it.

Catalan nationalism forms part of your family background. You’re the daughter of the entrepreneur and cultural promoter Ermengol Passola.

When the Civil War ended, virtually the entire intelligentsia went into exile, since it was mostly on the Republican side. My father, who was very young when war broke out, became part of the small minority on the losing side who stayed here, who decided to resist. In my childhood home we always read in Catalan as we were convinced that

it was the way to save the language. My father was very involved with the Nova Cançó [New Song, an artistic movement that promoted Catalan music in Francoist Spain], and every festival and every record was a means to make people turn against the dictatorship. My father was the typical militant.

He had money, but he spent it all on the cause. My six siblings and I got to witness the effectiveness of cultural resistance: everything my father did made an immediate impact.

Did you make a conscious decision one day to work for independence or is it something you’ve become involved with gradually?

I’ve come to it in a very natural way; it’s what I always saw at home. I had the opportunity to see that during the Franco regime, struggle through culture produced incredible results. I’ve applied this principle to my work.

You could’ve simply made romantic films.

I can’t wait to do them! Due to the current circumstances I make political documentaries, but when this is over, I want to do rom coms.

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What made you go into the world of cinema in the first place?

I started acting at a very early age. Later I studied history at the Universitat Autònoma de Barcelona, taught by a splendid generation of lecturers. History helped me interpret the present: knowing the past can help you understand the here and now. All the films I’ve done are historical. I began to teach at the university, and we made videos with the students. Then I enrolled on a video course at Barcelona’s Institut del Teatre. I stopped taking history classes and I became immersed in the world of film. Cinema is amazing both as a cultural tool and as a weapon to encourage collective critical thinking. I really enjoy being a producer; I like directing political documentaries just as much as backing good artists.

Does making a political commitment mean you pay a professional price?

I don’t even think about it. I think now is the time to do the projects I do. There are moments in life when you have to do what you believe you have to do. I’ve seen people take big risks for their country, and it’s always paid off. I find it much more rewarding to work for the collective good than for my own career. When my father died he was glad to have contributed to his country having recovered its language, culture and politics. He was proud to have helped save Catalan words. After the war we were impoverished and subject to an uneducated, authoritarian state that promoted ignorance, and there were very few of us. But we knew that in the past we had had so much more than that, and that the thread shouldn’t be broken. My father helped keep the continuity of the thread. The more you’ve experienced this way of thinking at home, the more it becomes a part of you.

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You’re known as ‘the producer of Pa negre’, the film that really established you. Is it the most important significant film you’ve made?

After many years of making movies, one learns.

Both Agustí Villaronga and I have a lot of experience, we now know what we were doing wrong throughout our career. We made a solemn promise to each other: I’ll listen to you if you’ll listen to me. I told Agustí there was no way he should have such a minority audience. We made Pa negre and it turned out really well: Spain chose it to represent it at the Oscars... sometimes things turn out right.

Is there a ‘before’ and an ‘after’ Pa negre, both in your life and in the recognition which Catalan cinema receives?

Pa negre proved that films shot in Catalan could reach a global audience. This is something we already knew. The problem isn’t the language: subtitling is much easier and cheaper than translating a book. Europeans like it when you make a film in another language as you’re an example of the diversity that Europe wants to preserve.

Did you feel like an ambassador for Catalonia?

Yes, but that was also the case with El mar (The Sea). Several of my films have been in the official sections of the Berlin Film Festival, and when you have four thousand journalists in front of you, it’s down to you to represent your country.

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Pa negre was chosen to represent Spain at the Oscars. Is succeeding in Hollywood the dream of any filmmaker?

I’m a big fan of European cinema. Hollywood seems synonymous with commercial cinema, but it’s true they know a lot and have achieved a lot.

Why do you think Michelle Obama presented one of the Oscars? Because Americans know that, in terms of importance, cinema is second only to the arms industry. They know that the film is a tool for cultural dissemination and the diffusion of a way of life that has reached around the world, and above all it has made them a lot of money. Cinema is the state’s business.

Filmmaking is obviously a huge responsibility.

That’s right. Those who work in the film industry have a great responsibility because we have to explain what Catalonia is all about. If those of us in Europe don’t defend our country’s film industry, we’ll all come under America’s cultural influence: we’ll be culturally colonized by the United States.

A few years ago in Latin America you couldn’t find a single Latin American film, and now everyone watches Mexican and Argentinean cinema. States are unquestionably responsible for defending their audiovisual culture, since it’s the country’s best calling card to the world and the best means of maintaining internal cohesion: audiovisual language is affordable to all. Europe’s language is translation, Europe’s culture is diversity. We shouldn’t apply simplistic American criteria. Our context is more complicated than American uniformity, it’s also richer, more caring, more obliged to think of ‘the other’ and to help build a continent with a good level of human relations, with a quality democracy and citizens who are permanently critically vigilant. Catalonia’s problem is that cinematically speaking it has been under Spanish influence for far too long.

Is the level of Catalan cinema good enough?

The Catalan film industry is very powerful and highly diverse, it makes everything from fantasy films to experimental cinema. Look at the box office takings of Juan Antonio Bayona’s Lo imposible. And we have auteur films that are shown at festivals and that win awards. We can hold our heads high. Before the economic crisis we had a greater output than our counterparts in countries

such as Denmark. For years we’ve made films that are heavily influenced by the French. They’re highly experimental, well-received at festivals, seen as research laboratories, but with little ability to connect to a wider audience. It’s an ability we had at the end of the Franco period with comedies by Francesc Bellmunt or Ventura Pons. The Spanish market is larger, and since filmmaking is expensive you need to recover your investment. Catalan cinema was somewhat overshadowed by Spain’s, but now it’s undergoing a renaissance. We have a high level of academic excellence in our film schools, and we have an advertising tradition that has produced excellent professionals. We can make quality commercial films; Pa negre is proof of this. It is also true that European cinema travels badly within Europe.

In a movie theatre you’re competing with the best in the world, which doesn’t happen with theatre.

In France, French films attract 35% of the audience, but it’s because they’ve decided that every euro spent at the box office is reinvested in films.

They defend their cultural identity. They’ve made excellent cultural policies. It’s no more protectionist than the food or automobile industries. The audiovisual industry makes money. Without some form of protectionism we’d all be filming in English. Catalonia has its high levels of creativity in its favour, since the countries that don’t have political power are enormously creative. The lack of power has given us a society which is receptive and ready to respond to any injustice, and it’s given us a culturally creative society. We’ve all been forced to do our best.

We have a high level of academic excellence in our film schools, and we can make quality commercial films; Pa negre is proof of this As president of the Catalan Film Academy, what are the challenges still facing the industry?

Right now it has three big handicaps. The first is that the Spanish government, ineffective and uneducated as ever, has raised the VAT on cinema tickets to 21%, and this has hit cinemas very hard. Obviously the 21% tax-rate should be abolished. Second, Spain is the country which most

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pirates content in Europe: we need to put an end to piracy. Third, in the midst of an economic crisis, government subsidies have been practically reduced to zero and they have yet to be replaced by some form of a law of patronage as a viable alternative. The first thing we need to do is to try to get out of this dead end. In addition, we have to create our own brand of Catalan cinema.

We need to encourage films shot in Catalan and we have to regain our own audience. The emigration level of skilled professionals from Catalan cinema is very high, they are scattered all around the world, since here production has plummeted.

Between 2010 and 2013 we went from making 96 films to just 10.

What’s become of the Cinema Law? It ought to be enforced. The public should be able to see films in their own language. But it’s very hard to negotiate with the majors. Furthermore, if the film is financed by the Spanish Ministry of Culture, the Catalan Government, TVE [Spanish 58

public TV] and TV3 [Catalan public TV], and everything is in the red, it’s all very well making laws, but the economic crisis is severe, and culture is getting hit hard. Nevertheless we ought to take a good look at ourselves: during times of plenty, we spent just 1% of the budget on culture, well below the European average. In a country like ours, where culture is so important for both internal cohesion and our external image, spending only 1% of the overall government budget on culture is a big mistake.

Is leadership a big responsibility?

Not really, I take it in my stride. I’ve always been at the forefront of certain initiatives, backing projects and leading associations, because I have a lot of ideas, but ideas are like clouds: they need to come down to earth in order to become a reality. I love teamwork, we need pragmatic people to take my ideas and turn them into reality. When the Association of Producers became too small I invented the Association of Mediterranean Produc-

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ers and I ended up becoming its president, since dialogue between the North and the South was essential before 9/11 and it’s even more important now. Barcelona is home to APIMED, the International Association of Independent Producers of the Mediterranean. It’s an association that’s basically run by women who meet up each year to produce and to share. Internationally, I’m very glad to have contributed to the dialogue between both sides of the Mediterranean.

Has being a woman been an obstacle to your career?

If so, in what sense?

It hasn’t been an obstacle to me in any way. In one sense it has helped me because I didn’t have any family pressure on me to make a living, so I could choose my destiny freely: I was able to change from studying history to studying cinema and nobody ever told me that working in films was crazy. If I’d been a man at that time, I’d have noticed the weight of the decision. Nevertheless, it’s still a man’s world. I’ve noticed it a lot, and every woman who’s reached a certain level of power knows it. We have to do ten times better. But the solution to finding yourself working for a man who’s inept is to start your own company and show them what you’re capable of. In a company led by men, women hardly ever have access to powerful positions; they are always seen as supporting a man. In Africa, the ones growing the economy are women who are starting new businesses with micro-credits. Women are much more pragmatic. In 1992 I started the production company Massa d’Or [Block of Gold] because I’d previously started one with a man, but he told me it wasn’t big enough for the both of us. I said to him: ‘Keep it’.

You’ve appeared on a list of the most influential women in Catalonia.

Being influential carries certain responsibilities, but in the media and social networks I always say what I think, I’ve never minced my words. To understand the complexity of this small corner of the world where I’ve been born I’ve had to learn a lot more than if I’d happened to have been born in a moredefined part of the world. Speaking two languages, coexisting with high rates of emigration, having endured a dictatorship and so on, all mean your mind is divided in a certain way and makes you

able to understand many other worlds that are not your own. Those of us who were born in complicated countries have had to generate ways of interacting with and understanding the world which are necessarily richer and more creative because we are forced to by complexity. I’m very annoyed with the Spanish state, but I can’t help thanking my lucky stars for having been born in a place that has made me think so much. If it hadn’t been the case, maybe I’d have become dumber. Having to ask myself how this person speaks, where such-and-such comes from and how I explain who I am have all helped to open my mind. These are things that neither an American nor a Spaniard would ever consider.

Catalonia has this wealth, being able to communicate in both languages is a wonderful heritage. We need to defend Catalan, but we mustn’t give up on Spanish or English or anything else that opens us up to the world.

Being influential carries certain responsibilities, but in the media and social networks I always say what I think, I’ve never minced my words Have you had to make many sacrifices, or do you think you’ve managed to combine your professional and private life?

It took me a long time to have my son, I waited until I’d established myself professionally, and I only had one child. But I saw motherhood as a gift, and I was so glad that I was able to combine everything.

What I was saying about Catalonia’s complexity also applies to women: we have to juggle so many things that we become much more skilful. You can take care of your 88 year-old mother, your teenage son, run a business and you still have time to devote to a sick friend.

Do you often go to the cinema?

Once a week. I usually see independent American films, European movies and documentaries. I often go to the theatre, too. Now that my son has grown up, he often comes with me. When he was still too young I stopped going to premieres because I wanted to get home to give him his bath and his dinner and put him to bed.

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recognition; women are used to working without receiving any kind of reward. Our mothers were content with their husband receiving recognition.

What books do you like to read?

I’m a compulsive reader. At school I would read anything from crime novels to James Joyce. Now when I’m reading a novel I’m thinking about how I could turn it into a film. The screenplay of Joan Sales’ Incerta glòria (Uncertain Glory) is nearly ready. It’ll also be with Agustí Villaronga. I’ll have adapted Blai Bonet’s El mar, Emili Teixidor’s Pa negre and Joan Sales’ Incerta glòria.

When we’re independent I’ll have to make sure that my country works as it should. I won’t stop until culture occupies the centre stage it deserves.

You were awarded the Creu de St. Jordi (St. George’s Cross). Do you feel you receive sufficient recognition?

Do you need it?

I don’t need it in the least. Recognition takes women by complete surprise. Men need social

What are the advantages of growing old?

Well, you become a lot calmer. I love it. Age is a great asset. I have friends in their seventies who are in perfect shape. Women such as Muriel Casals and Carme Forcadell are currently leading the nation. Nowadays we’re fully active at 60, we don’t stop, we still have twenty years left to do things, we’re still interesting to people for what we do and for who we are. Physically you’re not the same, but men also grow old. We’re the first generation to reach middle-age in conditions that are very different from our mothers: with a job, with cultural baggage, with a career behind us.

And, like our mothers, we have children and the emotional and family support which gives us the capacity to withstand the infirmities of old age. I can no longer run like I did when I was thirty, but I go fishing and spend wonderful evenings watching the sunset.

And when we get independence, what will you do then?

When we’re independent I’ll have to make sure that my country works as it should. I’m in favour of transparency, of radical democracy, of the control of corruption and the abuse of power... I won’t stop until culture occupies the centre stage it deserves.

Culture ensures the continuity of critical thinking.

I want independence in order to live in a civilized country. I’ll keep working for this; I’ll die with my boots on! However, if everything has already been achieved and we live in a free and fair Catalonia, I’ll be the happiest woman in the world sat under an olive tree reading a book.

*Eva Piquer Writer and cultural journalist. Works for several newspapers and magazines. Has been a lecturer at the Universitat Autònoma de Barcelona and a New York news correspondent. Won the 2002 Josep Pla prize for her novel Una victòria diferent (A Different Victory). Also author of several books, including La noia del temps (The Weather Girl), Alícia al país de la televisió (Alice in Television Land) and No sóc obsessiva, no sóc obsessiva, no sóc obsessiva (I’m Not Obsessive, I’m Not Obsessive, I’m Not Obsessive). Her latest book is called La feina o la vida (Life or work).

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Business, Law and Economics

Distinguishing characteristics of centennial companies

by Oriol Amat *

It is not easy to start a business, let alone ensure it survives and grows. Companies, like people, are not immortal. The study of centennial companies is valuable because they are organizations that have managed to overcome numerous periods of economic recession and under different leadership. In times of significant change they have been sufficiently flexible to survive and continue to grow. This is what 3M did when it changed from the mining industry to producing consumer products, or Nokia when it focused its activities on telecommunications instead of cable. This article is an outline of the major characteristics of successful companies in general and centennial companies in particular.

Success in business

Success is often related to the achievement of certain objectives that the company has established. In general, one indication of success is an increase in revenue or profit. Naturally enough, companies undergoing significant growth are generally considered successful. Figure 1 shows the three phases that can be identified in the life cycle of these companies:

Loss-making phase or Death Valley: corresponds to a period

1 Small Business Administration, 2013.

2 Global Entrepreneurship Monitor, 2013.

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that typically lasts between two and four years in the early days of the life of the company. Nevertheless, this period is sometimes longer. For example, Amazon took nine years to make a profit when it managed to improve its logistics. At this early Catalan International View

stage the company usually generates losses, which makes it difficult to survive. In the United States, for example, 50% of companies close before the end of their first year1.

In the case of start-ups, newly created businesses which are normally found in new technology sectors, it is estimated that only 20% survive their first five years2.

Initial profit-making phase:

Between year 4 and year 10, the company makes its first profits and from this moment it takes a few years to find the source of competitive advantage that will allow it to become a high-growth company.

High Growth: Typically starting from year 10. At this stage, success-

Business, Law and Economics

ful companies discover the formula of differentiation, either through price, the product, quality, internationalization and so on, that gives it a competitive edge, allowing it to distinguish itself from the competition. It is the stage in which the company achieves greater growth in revenues and maximizes its profits.

One would expect that with what it costs to achieve high growth in sales and profits, the company would benefit from a long period at the top. However, this is not the case. In general, from year 14, very few companies continue to grow.

According to a study of 200 highgrowth companies3, seven (3.5%) continued to be high growth companies some years after 14AD, forty (20%) had closed and the remaining 153 (76.5%) are still open, but with a certain stagnation in sales and profits (see Figure 1).

The realization that success is fleeting has also been demonstrated by other studies. Thus, in Peters and Waterman’s4 study of the 43 most successful American companies, we can see that today many of them have disappeared or have had serious difficulties (American Airlines, Delta Airlines, General Motors, K Mart, Kodak, NCR, and Polaroid, among others).

Returning to the study of highgrowth companies and analyzing the differences that disappear a few years

Figure 1. Life-cycle of businesses with high growth rates Loss-making phase

Initial profitmaking phase

High growth phase

Post high growth phase Businesses which maintain high growth (3.5%)

Profits

Businesses with lower growth (76.5%)

Businesses with serious problems (20%)

Year 4

Year 10

Losses

Year 14

Years since company founded

Source: Amat, O., Hernández, J.M., Fontrodona, J. and Stoyanova, A. (2010): High-growth Enterprises and Gazelles, Observatorio de Economía Industrial, Generalitat de Catalunya, Barcelona.

after reaching high rates of growth, we can conclude that companies that achieve lasting rates of high growth display the following characteristics: - After the first years of high growth they are able to maintain a high level of effort and ambition.

- They professionalize the company as it grows. For example, the compact management team needed when the company is small is not the same as is required when the company has gone from small to medium or from medium to large.

- They continue to invest in innovation and quality.

- They ensure that debt is not excessive, by capitalizing and reinvesting Catalan International View

3 Amat, O., Hernández, J.M., Fontrodona, J. and Stoyanova, A. (2010): High-growth Enterprises and ‘Gazelles, Observatorio de Economía Industrial, Generalitat de Catalunya, Barcelona.

4 Peters, T.J. and Waterman, R.H. (1982): In Search of Excellence, Warners Books, New York.

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most of the profits.

- They are market-oriented.

- They are committed to internationalization.

- They establish cooperation agreements with other companies in order to compete more effectively.

- They effectively manage changes in their leadership.

- They appropriately manage the conflicts generated by high growthrates and the subsequent distribution of wealth.

The world’s oldest company is the Japanese hotel Nisiyama Onsen Keiunkan, which was founded in 705 Business longevity

5 De Geus, A. (2002): The Living Company: Habits for Survival in a Turbulent Business Environment, Harvard Business Press Books, Boston.

6 TenHaken, V. and Cohen, E. (2007): Survival Behaviors Of 100-YearOld West Michigan Retail And Service Companies, Journal of Business & Economics Research, August, Volume 5, No. 8.

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Most studies put the average corporate lifespan as between 12 and 15 years. For companies in the elite Fortune 500 list, which include the major US multinationals, the average lifespan is 40 years.

The world’s oldest company is the Japanese hotel Nisiyama Onsen Keiunkan, which was founded in 705. A 2008 study by the Bank of Korea found there were 5,586 businesses in a total of 41 countries, over 200 years old. The list of the world’s longest running businesses includes four Spanish wineries: Raventós (1497), Codorniu (1551), Chivite (1647) and Osborne (1772). Also on the list can be found the world’s oldest publishers, Publicacions de l’Abadia de Montserrat (Barcelona) backed by the Church and founded in 1493. Companies from all sectors can be found among the centennials, although the food industry is the most represented sector. Internationally, besides those already mentioned, well-known examples can be found in the automotive industry (Mercedes, Suzuki, Audi), gas industry (Gas Natural), food and beverages ( Johnnie Walker, Toblerone, Artiach, Miguel Torres, ViCatalan International View

chy Catalán), cosmetics (L’Oreal, Max Factor, Marie Claire), clothes and shoes (Fred Perry, Converse), banking (Monte di Paschi, La Caixa) and so on. According to the SABI database, there are 345 companies in Spain that are over a 100 years old, of which only five are over 200 years old and only 3 over 300 years old.

Of the overall total for Spanish companies, 60 are Catalan.

Distinguishing characteristics on the international level

Numerous studies have identified the distinguishing characteristics of centennial companies. Thus, De Geus5, after an exhaustive study of forty centennial companies from different countries found that the main differences in comparison with other more shortlived companies were the following: - They are more sensitive to changes in the environment and have a greater capacity to learn from and adapt to new trends.

- They give a high priority to values, a sense of identity in relation to the company and cohesion.

- They are more tolerant and decentralized.

- They have a conservative financial strategy and are not given to ostentation and waste.

In another study, this time on American centennials, TenHaken and Cohen6 identified several common factors among these companies: - A strategy of excellence focused towards a particular product or market niche.

-Seeing people as their most important asset. As a result, higher than average salaries are key, as are loyalty and long-term commitment.

- Prioritising quality of service to maintain the loyalty of existing customers. For this reason, they are able to continue to offer products which offer low returns but which are highly valued by their traditional customers.

Business, Law and Economics

Figure 2. Distinguishing features of centenary companies PEOPLE

STRATEGY

Proactive and flexible attitude to change

Constant innovation and customer orientation

Long-term vision in terms of people and stakeholders

Growth sector

Differentiated product and strong brand

Success in handover

OPERATIONAL High level of capital income

Rising Controlled costs and commitment to quality

Excess liquidity

- The existence of common values related to ethics, respect for the client and any other interested party regardless of their importance.

Stadler7 analyzed 40 European centennial companies that were on the 2003 Fortune 500 list. He isolated the nine companies which had been much more profitable than the average over a fifty year period and concluded that there were four distinguishing characteristics which explained their superior performance: - Increased investment in R&D while continuing to focus more on the exploitation of existing innovations rather than new innovations.

- Diversification. Although in the short term it is highly profitable to focus on a single line of business, in the long-term diversification via several businesses and various geographical areas is key to reducing the risk presented by an excessive concentration on a particular line of business or geographical area.

- The ability to learn in order not to repeat mistakes.

High

- Prudence when making changes.

Such companies only make radical changes at very specific moments in their history.

Distinguishing characteristics of Catalan centennial companies

By conducting case-studies, similar to those carried out by Porras and Collins8 with American companies, my team examined 28 Catalan centennial companies during 2012 and 2013 and found that there are certain traits that predominate (see Figure 2):

The people. These are companies

that have managed to be proactive over many years. This has enabled them to respond flexibly to the great changes that have arisen. The longterm vision of business has encouraged them to adopt conservative financial strategies, respect their social and environmental surroundings, and have a commitment to their employees, with salaries above the average. The promotion of ethical standards is another important

Catalan International View

7 Stadler, C. (2007). The Four Principles of Enduring Success, Harvard Business Review, July-August.

8 Porras, J. and Collins, J. (1994): Built to Last: Successful Habits of Visionary Companies, HarperCollins, New York.

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characteristic. All these factors have enabled them to overcome the difficult years of economic crises. In addition, their leaders have taken seriously the process of handing over the company and have been successful in passing on the business over several generations. According to Anzizu9 the correct management of succession requires the following steps: - That the person with ultimate responsibility for the company is aware of the problem and takes steps to address it.

- That they think about the type of company they want in the future.

- That they consider the ideal profile of the candidate to succeed as head.

- That they determine whether a candidate with such a profile exists within the company. If this is not the case, they look outside.

- When they have selected a person they design a training plan to perfect their profile.

- They draw up a timetable as to when certain responsibilities are handed over to the candidate.

- If all the previous steps have been successful it is time to hand over responsibility to the new leader.

9 Anzizu, J.Mª (2009): Dirigir empresas sostenibles (Managing Sustainable Businesses), Gestión 2000, Barcelona.

Strategy. The second set of elements are related to the company’s strategy. They have opted for growth sectors and when the industry has entered a period of decline they have been quick to move to other business sectors. The proactive attitude of their leaders has encouraged constant innovation, a constant policy of strengthening the brand

and a constant commitment to their customers. This explains why they have managed to increase their loyalty and maintain differentiated products over many years. In this section it is also noteworthy that these firms choose the right time to purchase and sell properties and businesses. Thus, they tend to sell in the years immediately preceding the bursting of a bubble and buy a few years following the collapse. In this way they buy low and sell high.

Operational. Finally, there are is-

sues that have to do with how the business operates. The long-term vision explains why such companies tend to issue few dividends, especially in the early years of the company, this combined with a low level of debt means these are often highly capitalized companies. The long-term vision also adds to their passion for quality. Another key is tight control over costs by avoiding unnecessary expenditure. This all ensures increasing revenues and profits over the years.

Conclusions

From the above it follows that there are a number of traits that distinguish successful companies and centennial companies in particular that have to do with people, their strategies and how they operate. It is also important to remember that success is fleeting and, therefore, the fact that a company has existed for centuries is no guarantee that it will last forever. These factors are even more relevant in the current economic climate where the survival of many companies is at stake.

*Oriol Amat (Barcelona, 1957) holds a PhD in Economics from Universitat Autònoma de Barcelona and a Degree in Business Administration and an MBA from ESADE. Currently, he is director of the CNMV (Spanish Stock Exchange Commission) and professor of Financial Economics and Accounting at the Universitat Pompeu Fabra. He is president of the Register of Accountants and the Catalan Association of Accounting and Management.

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Science and Technology

Immunotherapy and the new possibilities of targeted therapies

by Mònica Botta and Oriol Solà-Morales*

We often hear on the news new molecules have been found, or that new disease pathways lay ahead to be explored. Great news, great expectations, renewed hopes. However far too often we do not hear about the outcome of the stories and whether all those expectations result in something useful.

We have to admit how difficult it is to develop new technologies, and how high development hurdles are. Maybe it would be good to revisit all those regulatory requirements for the sake of time and cost saving, and maybe we can think of less protective (paternalistic) legislation, where risks and benefits are put aside and it is to the patient to decide.

Following significant advances in the cardiovascular field in the final decade of the last century, recent years have clearly been the decade of Antibodies treatment. In 1998, Infliximab was approved for Chron’s Disease by the FDA, but first publications of the possible usage of anti-TNF appeared in 1994, following years of research.

This approval opened the door to many subsequent approvals in the field of inflamatory disease first, then oncology, and lately in almost any disease area. The principle is rather simple: once the receptor or the trigger of a disease is identified, a monoclonal antibody is designed to block (or enhance where necessary) the pathway, so that the effect is not observed. The technique to produce monoclonal antibodies has now been mastered, and the difficulty is exploring the receptor and the effects of blocking such pathway.

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There has been some recent excitement surrounding melanoma, a deadly cancer, a silent killer. Following years of investigation, Ipilimumab was approved in 2010 in the US and in 2011 by the European Medicines Agency, on the grounds that it improved survival in a disease where survival rates are low. With this argument in mind, the treatment is provided and paid for in most European Health services, despite the annual cost exceeding €70,000 per year.

More recently, a study has been presented on Lambrolizumab. According to the results presented at a conference in Chicago by Dr Ribas, a leading Catalan researcher at UCLA, 52% of a group of patients with advanced melanoma responded favourably to treatment with Lambrolizumab (a PD-1 inhibitor). Of these, one in five were given the all-clear, which is to say that according to currently available detection methods, all traces of cancer have disappeared from their body. Furthermore, unlike with other therapies, it appears as if the benefits of the treatment remain for a long time since the tumour cells have so far not become resistant to the drugs, which is clearly a positive sign.

Science and Technology

This new family of drugs enables the immune system to destroy tumour cells in patients with metastasis who had previously been left with no other alternative therapies available. This represents the most significant advance in the treatment of cancer since the introduction of molecular therapies some fifteen years ago. Targeted therapies should spare the patients from adverse side-effects, and only be used on carefully chosen patients, making the cost/ benefit ratio more favourable.

Results from a similar study conducted by the Memorial Sloan-Kettering Cancer Centre in New York, which were also presented in Chicago, obtained a similar outcome: 47% of a group of patients with advanced melanoma responded to immunotherapy.

Of these, almost nine out of ten had a greater than 80% reduction in their tumours in less than three months. In this study, the treatment consisted of a combination of Nivolumab, another PD-1 inhibitor and Ipilimumab, a CTLA-4 inhibitor, another molecule which prevents the immune system from destroying tumour cells.

Both studies were conducted on small groups of patients (a total of 188 for both trials) in order to establish the appropriate dose and carry out an ini-

tial evaluation of the security and efficacy of such treatments.

Dr Ribas is convinced that, ‘we will have one of the fastest developments in the history of oncology and these new medicines may well be given fast-track approval in the US thanks to the results of these studies’. Another factor is the price of the drugs, and weighing this against the societal cost of the disease.

Not an easy debate, for sure.

The situation is similar to what occurred at the end of the 90s when the first molecular therapies against cancer started to appear. It is now crucial to debate how fast or slow we want therapies to come to market, keeping in mind the old adage: ‘We can do things well, fast, and cheap: choose two’.

*Mònica Botta holds a Degree in Medicine and Surgery from the Universitat de Barcelona and Health Economics and Healthcare Management from IDEC-UPF . She has been the Deputy Medical Director at Granollers General Hospital since 2007.

*Oriol Solà-Morales MD (Internal Medicine), earned an MSc in ‘Health Policy Planning and Financing’ from the London School of Economics and the London School of Hygiene and Tropical Medicine. He holds a diploma in Team Management from Universitat Ramon Llull . He recently obtained his PhD with the thesis ‘HTA as a Framework for Translation and Evaluation of Innovation’. He has held management positions in healthcare planning and was CAHTA’s Director from 2007 to 2011. He has been involved in venture capital start-ups as Sabirmedical’s Medical & Market Access Director, and in advising venture capital firms, business angels and start-ups in seed and late stage investments.

Also as a founding partner of HITT, he currently advises and collaborates with different companies and research institutes on research development, market access and HTA strategies.

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Green Debate

Climate change: global trends and future scenarios for Catalonia

by Arnau Queralt*

In 1988 the United Nations Environment Programme (UNEP) and the World Meteorological Organization (WMO) established the Intergovernmental Panel on Climate Change (IPCC), a scientific body whose mission is to provide a clear scientific view on the existing knowledge on climate change and its potential environmental and socio-economic impacts.

Since its creation in 1988, the IPCC has prepared four multi-volume assessment reports on the current state of knowledge on climate change, its causes, potential impact and response strategies. These reports consist of a review and assessment of the most recent and relevant scientific, technical and socioeconomic information on this phenomenon (the IPCC itself does not conduct any direct research on this issue).

Each report contains different volumes, prepared by the three IPCC working groups: Working Group I (WG I), which assesses the physical scientific aspects of the climate system and climate change; Working Group II (WG II), which assesses the vulnerability of socio-economic and natural systems to climate change, its consequences and options for adapting to it; And Working Group III (WG III), which assesses options for mitigating climate change.

The IPCC is currently working on its Fifth Assessment Report, whose various volumes will be launched during 2013 and 2014. On September 27th it launched the summary for policy-makers of ‘Climate Change 2013: The Physical Science Basis’, WG I’s contribution to the Fifth Assessment 70

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Report (known as WGI AR5). This first volume was elaborated by 209 lead authors and 600 contributing authors (from 32 different countries).

The aim of this article is to introduce the main lessons to be learnt from WGI AR5, describe the situation of climate change in Catalonia and analyse how it is dealing with the main challenges related to this phenomenon.

The WGI AR5: key messages and main results

Stockholm hosted the Twelfth Session of Working Group I (WGI-12) from 23rd to 26th September 2013. In this meeting the WGI AR5 Summary for Policymakers was approved.

The report contains some powerful messages. The first is that warming of the climate system is unequivocal. The second is that since the 1950s, many of the changes which have been observed are unprecedented over decades to millennia. Thirdly, with respect to evidence for human influence on the climate system: according to the report it is extremely likely that human influence has been the dominant cause of the observed warming of the atmosphere and the ocean since the mid-20th century (along with changes in the

Green Debate

global water cycle, a decrease in snow and ice cover, a rise in the global mean sea level, and changes in certain climate extremes).

Another key message is that continued emissions of greenhouse gases (CO2, methane, nitrous oxide, etc.) will cause further warming and changes in every component of the climate system and that most aspects of climate change will persist for many centuries even if greenhouse gases emissions are halted right now (indeed, substantial and sustained reductions of greenhouse gas emissions are desperately needed in order to limit climate change).

If we analyze the summary for policy-makers in more detail, we encounter the following headlines: • The Earth’s surface temperature has been successively warmer over each of the last three decades than during any preceding decade since 1850. In the Northern Hemisphere the 1983–2012 period was likely the warmest 30-years in the previous 1,400 years.

• Ocean warming dominates the increase in energy stored in the climate system (with more than 90% of the energy accumulated between 1971 and 2010).

• The WGI AR5 analyses six different climate scenarios. In five of these scenarios global surface temperature change for the end of the 21st century is likely to exceed the 1850 to 1900 period by 1.5°C. Furthermore, warming will continue beyond 2100 under all five scenarios (with regional differences and inter-annual and decadal variability).

• Glaciers have continued to shrink almost worldwide, and it is foreseen that global glacier volume will further decrease.

• Arctic sea ice and Northern Hemisphere spring snow cover have continued to decrease in extent and according to the scenarios it is very likely that these processes will continue during the 21st century due to the rise in the global mean surface temperature.

• It can be stated with a high degree of confidence, that since the mid19th century the rate of sea level rise has been greater than during the previous two millennia, and global mean sea level will continue to rise during the 21st century.

• Over the period 1901–2010, the global mean sea level rose by 0.19 cm. The scenarios all predict that the rate of sea level rise will very likely exceed that observed during the 1971–2010 period. The reasons for such phenomenon will be increased ocean warming and increased loss of mass from glaciers and ice sheets.

Returning to the causes of climate change, the WGI AR5 states that the atmospheric concentrations of certain greenhouse gases (CO2, methane, and nitrous oxide) have increased to unprecedented levels in at least the last Catalan International View

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800,000 years. In the case of CO2, concentrations have increased by 40% since pre-industrial times (largely due to fossil fuel emissions, but also thanks to emissions from net land use change).

According to the IPCC, continued emissions of greenhouse gases to the atmosphere will cause further warming and changes in all components of the climate system (it must be taken into account, for instance, that the ocean has absorbed about 30% of the anthropogenic CO2 emissions, and that this process is causing its acidification).

Warming of the climate system is unequivocal. Since the 1950s, many of the changes which have been observed are unprecedented over decades to millennia.

Finally, the WGI AR5 clearly states the existence of a substantial multi-century climate change commitment created by past, present and future emissions of CO2: cumulative emissions of this greenhouse gas will largely determine global mean surface warming by the late 21st century and beyond.

Downscaling climate change analysis: the case of Catalonia

One of the main challenges of modelling the evolution and future impact of climate change is downscaling the global results to a regional and local level (a more suitable scale in terms of the planning and management of both the causes and effects of climate change).

The Advisory Council for the Sustainable Development of Catalonia (CADS) and the Meteorological Service of Catalonia promoted the First Report on Climate Change in Catalonia in order to face this challenge. It was drawn up by the Catalan Panel on Climate Change in 2005.

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A second report was issued in 2010, responding to the mandate of the Government of Catalonia’s Interdepartmental Climate Change Committee (CICC), in which the abovementioned institutions were involved (together with the Catalan Office for Climate Change). In both cases, the Institute for Catalan Studies (IEC) provided crucial assistance.

Using data from 1950-2008, the second report showed that the mean temperature increased by +0.21ºC/decade during this period (with a maximum increase of +0.25ºC/decade and a minimum of +0.17ºC/decade). From a geographical point of view, this increase was fairly uniform throughout the whole country. Regarding rainfall, the report states that there have been no significant variations over the past century.

In 2011, the Meteorological Service of Catalonia issued the results of some climatic projections for Catalonia, which tried to downscale the resolution of general circulation climate models (GCCM, of between 100 and 300km) which do not allow scientists to study and forecast climate change at a regional or local level.

Using different emission scenarios, the study shows an increase in the annual mean temperature for the 21st century (in the order of 3ºC by the end of the century). This increase will be present in all four seasons (especially in the summer) and be more significant in the Pyrenees.

The projections also show an average reduction in precipitation by 14% by the end of the century. However, the projected decrease in precipitation is not as robust as in the case of the temperature increase. The decline in precipitation is not seen to be homogeneous throughout Catalonia: the most affected area is expected to be the Pyrenees, where a 30% reduction is forecast by one of the scenarios used, followed by the Western area of the country.

Green Debate

The Meteorological Service of Catalonia’s projections also foresee a decrease in the frequency of months of extreme cold and an increase in the frequency of water-related extremes (droughts and floods).

The projected climate trends present significant challenges for terrestrial and marine ecosystems and soils. They also imply an increase in hydro-meteorological risks (with social and economic relevance) and impacts on key sectors of the Catalan economy, such as agriculture, forestry, livestock farming, energy and tourism. Climate change can be also significant in terms of health, especially due to a greater frequency of extreme heat events. All of these impacts are analysed in the previously mentioned First and Second Reports on Climate Change in Catalonia.

Catalonia: moving towards a more resilient territory

As the WGI AR5 report clearly states, substantial and sustained reductions in emissions are urgently required in order to limit climate change. Catalonia has been extremely active in terms of the mitigation of climate change. At the regional level, the Government adopted a GHG emissions plan for diffuse emitters in 2008. Some years later, in 2012, actions to mitigate GHE emissions from the energy sector were introduced in the Energy and Climate Plan 2020 (based on the European Union 20-20-20 targets). A new law on Climate Change is currently being prepared by the Government, prior to putting it before Parliament. This law will present a real chal-

lenge for Catalonia, since few countries have a general law on this issue.

Mitigation is a clear priority in order to reduce the cause of anthropogenic climate change. However, governments at national, regional and local level must prepare adaptation strategies or plans in order to face the main environmental, economic and social impacts of climate change.

Governments at national, regional and local level must prepare adaptation strategies or plans in order to face the main environmental, economic and social impacts of climate change In November 2012, the Government of Catalonia approved the Strategy for adapting to climate change 2013-2020. The strategy includes both generic measures for cross-cutting natural systems and socio-economic sectors, and specific measures addressed to biodiversity, agriculture and livestock farming, water management, forest management, and some socio-economic sectors (energy, fisheries, health, industry, services and trade, mobility and transport infrastructure, tourism and town planning and housing).

The implementation of this strategy (jointly with different actions planned or taken at the local level) are absolutely crucial to making Catalonia less vulnerable to the effects of climate change and strengthening the adaptive capacity and resilience of its citizens and organizations. *Arnau Queralt

holds a Degree in Environmental Sciences from the Universitat Autònoma de Barcelona (UAB) and a Masters in Public Management from ESADE, the UAB and the Universitat Pompeu Fabra. Since October 2011, he has been the director of the Advisory Council for the Sustainable Development of Catalonia (CADS), an advisory body of the Government of Catalonia attached to its Presidential Department. Since October 2012, he has been a member of the Steering Committee of the European Environment and Sustainable Development Advisory Councils (EEAC). From May 2010 to October 2011 he was secretary general of the Cercle Tecnològic de Catalunya Foundation. He has been on the board of the Catalan Association of Environmental Professionals since 2004 and was its president from May 2010 to May 2012.

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A Short Story from History Curated by Manuel Manonelles

The Dalmases Embassy and the Case of the Catalans (II)

Charles Mordaunt, Lord Peterborough, a defender of the Catalan cause.

In March 1713, Pau Ignasi de Dalmases i Ros left Barcelona for London. He did so in his capacity of ambassador of the Catalan authorities to London. His mission was that of reclaiming the honouring of the treaty signed between the representatives of Catalonia and the plenipotentiary of Queen Anne of England in 1705 in the city of Genoa.

According to these agreements, Catalonia entered into the War of the Spanish Succession with the guarantee from the Crown of England that, regardless the war’s outcome, Catalonia would retain its traditional Constitutional and Parliamentary system and its liberties linked thereof.

We are currently celebrating the tercentennial of these events, and this temporary section, in its second instalment, is aimed at retracing the tortuous journey of this Catalan ambassador, as well as all his activities in the different Courts of Europe, but in particular in London.

Through this section, it will be possible not only to commemorate what took place 300 years ago; but to learn more about what in the different chancelleries of Europe, as well as in the published opinion of that time, became to be known, already three centuries ago, as “The Case of the Catalans”.

The journey, part II (from June to December 1713): 30th June 1713

The last meeting of the Catalan Parliamentary system (prior its dissolution manu militari in 1714) starts its deliberations in Barcelona. The Junta de Braços debates whether to continue the war alone against France and Spain –once abandoned by the allies at Utrecht- in defence of the traditional Catalan Constitutional system, or surrender.

9th July 1713

The remaining allied troops, commanded by Marshal Starehemberg, abandon Barcelona. Public announcement of the decision of the Junta de Braços in favour of the continuation of the war in defence of the Catalan liberties.

13th July 1713

Spain and the United Kingdom sign their peace treaty at Utrecht. This treaty confirms, in its article XIII, the British betrayal regarding the Genoa Treaty that leads to the dismantling of the Catalan Constitutional and Parliamentary system, one of the oldest in Europe.

25th July 1713

The siege of Barcelona begins. The duke of Populi arrives at the gates of Barcelona with an army of 25,000 men, plus a fleet of six galleys. In London the Peace Treaty between Spain and the UK is publicly announced and printed.

1st September 1713 The Catalan ambassador in London, Dalmases, meets with Lord Peterborough, while his movements are closely monitored by the Spanish agent in London, Patrick Lawless.

8th September 1713 Dalmases continues his efforts, with Peterborough and others, to try to persuade Queen Anne to honour her solemn promises and intercede in favour of the Catalans.

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10th September 1713 The British gazette “The Present State of Europe” publishes that the Catalans are building their own state: “... that the Catalans stand for themselves, give out Commissions in their Names, and coin Money with their own Arms, setting up for a free and independent State, which no body has yet acknowledged.”

20th September 1713 The Catalan diplomatic activities in London seem to be blocked, while the ones by the Catalan ambassador in The Hague, Felip de Ferran, advance. Ferran is received by the Grand Pensionary of Holland, Anthonie Heinsius.

25th September 1713 Lord Bolingbroke, Secretary of State, writes to the British ambassador in France asking him to check whether some agreement could be reached -with the intervention of the Court of Versailles- regarding the Catalans. However, he refers to the Catalans contemptuously as “...that turbulent people”.

6th October 1713:

Ambassador Dalmases discusses with Vienna the plans for establishing Catalonia as “...a free state under the protection of the Great Alliance...”. Just four days later, he writes again to the Secretary of the Emperor, confirming the double game the British government is playing –particularly Bolingbroke- regarding the Catalans.

Henry Saint John, Viscount Bolingbroke and Secretary of State of Queen Anne. His political manoeuvres were instrumental in the Catalan defeat and the derogation of the Catalan Constitution and liberties.

14th October 1713

After intense negotiations and pressure, Queen Anne gives new orders and powers to general Peterborough to intercede in favour of the Catalans in the French Court during his journey towards Turin.

31st October 1713

The city and fortress of Cardona, in Catalonia, resists an assault led by the French general Marquis de Bus. Just three days later, one of the Catalan leaders, know as Bach de Roda, is apprehended by the Spanish army and executed in the town of Vic.

15th November 1713 Lord Peterborough leaves London and heads to Turin, by way of Paris. Two days later, ambassador Dalmases follows him.

30th November 1713 Once in The Hague, waiting to be summoned to Paris by Lord Peterborough, Dalmases keeps his channels of communication open with London in order to be informed about the affairs there. He does so through James Stanhope, the Imperial ambassador Johann Philipp von Hoffmann, as well as the Portuguese ambassador, Luís Da Cunha.

4th December 1713

Pau Ignasi de Dalmases is received by the Grand Pensionary of Holland, Heinsius. The same day news is received of the opening of peace talks between France and the Empire in the city of Rastatt. Dalmases writes to Vienna requesting the possibility of travelling to Rastatt to defend Catalan interests there.

9th December 1713

Dalmases writes to Prince Eugene of Savoy, the Imperial Envoy to the peace talks in Rastatt.

15 Decemer 1713 The Catalan ambassador continues pressuring his contacts both in the court of Vienna and that of London, about the need to include the resolution of the Catalan Case in the peace talks taking place in Rastatt.

(To be continued) th

For more information: www.thecaseofthecatalans.org

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Universal Catalans

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Universal Catalans

Salvador Dalí Salvador Dalí (Figueres, 1904-1989) was a painter, draughtsman, illustrator, writer, philosopher, cinema enthusiast, set designer and goldsmith. He was a controversial and provovactive artist who was born before his time and was interested in many artistic disciplines, from engraving and lithography to the performing arts.

Dalí was born in Figueres in 1904 and, from an early age, he demonstrated an inquisitive, extravagant and rebellious nature. Though he didn’t particularly excel as a student, Dalí enthusiastically attended the drawing classes of the painter and engraver Juan Núñez, who taught him the mysteries of drawing. The influence of Ramon Pichot, who opened his eyes to Impressionism and helped him to decide to become a painter, was also decisive in his career.

Dalí’s first canvases were influenced by an impressionism, initially sensual and romantic, which later became more visceral. He was also influenced by Fauvism, Purism, Cubism and Futurism.

When in 1922 he moved to Madrid in order to study, he lodged at the famous Residencia de Estudiantes where he befriended Luis Buñuel and Federico García Lorca, having already held an exhibition at the Dalmau gallery in Barcelona. In that period, his work was half-way between avant-garde

and traditional. In 1926 he travelled to Paris, where he met Picasso, and in 1927 a stylistic change was noted in his works: the clear influence of Surrealism had started to be apparent. Dalí not only adopted the new aesthetics, but also published poetical and philosophical pieces in the magazines of the time. In 1929 he finally found the style, language and form of expression that would accompany him forever more.

1929 was a decisive year in Dalí’s life and work; it was the year he met Gala, the woman who would be his wife and muse. In Paris he began filming Un Chien Andalou with Luis Buñuel and, thanks to Joan Miró, amongst others, he became a member of the Surrealist movement, of which he would be its principal exponent. It was also in Paris that he introduced his first individual exhibition at Camille Goeman’s gallery, accompanied by a catalogue with a prologue by André Breton. It contained works such as The Lugubrious Game, Catalan International View

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Universal Catalans

The Accommodating of Desire, The Face of the Great Masturbator, Portrait of Paul Éluard and Machine and Hand’ hich, he claimed, opened one’s mental windows. It was at this time that Dalí developed his paranoiac-critical method, a conjunction of thought and image, in which interpretive delirium went beyond mere knowledge. One object turned into another (or a double image), thanks to a contemplative desire. In the artist’s opinion, the spectator’s desire afforded meaning and sense to the work, ‘I had a paranoiac spirit.

Paranoia is defined as a systematic illusion of interpretation. This systematic illusion exists in a more or less morbid state which is the basis of the artistic phenomena and, in general, the basis of my genius is to transform reality into something particular’. To which he added, ‘Paranoia uses the outer world to give credence to the obsessive idea, with the disturbing particularity of making the reality of this idea valid for others. The reality of the outer world serves as an illustration and proof, subordinating itself to the reality of our thought’.

According to Dalí: ‘This systematic illusion exists in a more or less morbid state which is the basis of the artistic phenomena and, in general, the basis of my genius is to transform reality into something particular’ Dalí made a name for himself internationally thanks to the time he spent in Paris and in particular the United States, where he lived continuously from 1940 until 1948: Dalí expanded towards more popular genres and became a regular presence in the leading American newspapers and magazines, whether as himself, his persona, or in the form of his work. He was firmly established as a popular figure in 1936 78

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with Man Ray’s photograph of him for the front cover of ‘Time’ magazine. In this period Dalí indulged his enormous creativity and showed a perpetual desire to change and innovate. He designed sets for ballet and the cinema (such as the famous dream sequence in Hitchcock’s Spellbound), he wrote, illustrated works of great universal writers such as Cervantes, Shakespeare and Montaigne, designed jewellery and produced advertisements for magazines such as Vogue and Harper’s Bazaar. He also became known as the face of many advertisements.

A new Dalí was born in the forties, one who was inspired by classic sources: in this new period, which he called ‘nuclear mysticism’, the painter got closer to Renaissance ideals and became interested in the experimental innovations and techniques of the post-War generation of painters. In his works, he portrayed religious and scientific themes, and was influenced by developments in the field of nuclear fusion and fission. In 1951 he published his ‘Mystical manifesto’.

In 1948, Dalí returned to the Empordà region of Catalonia, accompanied by his wife and muse: the couple alternated periods in Portlligat, a village where they had a permanent residence, and where they used to spend six months each year, with trips to New York and Paris. The Empordà region was also Dalí’s source of inspiration: he felt more and more fascinated by science and, during the 60’s and 70’s, he was especially attracted to holography which opened new perspectives in his search for three dimensional images.

He strove to provide the spectator with the impression of plasticity and space, and to access the fourth dimension, immortality, through the use of the third dimension.

In 1974 he opened his Teatre Museu [Theatre Museum], a reference centre, a work of art in itself, a ‘ready-made’,

Universal Catalans

which is a must-see for all those who wish to really get to know Dalí’s universe. According to Dalí, his Theatre Museum ‘should not be considered as if it were a museum, but as a giant surrealist object where everything is coherent and nothing escapes the net of my knowledge’. In the 80’s, when Dalí created his final works, he was mainly inspired by two great masters who had been present throughout his career: Miguel Ángel Velázquez, and the mathematician René Thom, who founded catastrophe theory. Dalí put down his paintbrush in 1983.

Dalí was one of the few painters of the twentieth century who combined a deep respect for tradition with modern unrest. He never ignored the creative resources of his time, but used and explored them to satisfy his need to search, until he either assimilated them or rejected them. Luis Buñuel said of Dalí: ‘In spite of his obsession with publicity, his exhibitionism, and his frenetic search for an original phrase or gesture... he was an undeniable genius, a writer, orator and incomparable thinker’. He was a genius with a talent that drank from classic sources and knew how to capture, in his works, the convulsive beauty of the surrealists. He was a provocative genius, an artist having a portentous imagination and an extraordinary thinking and creative machine. All in all, he was an artist with a path that perfectly summarises his century, that is, the twentieth century.

Dalí was born before his time: he had a deep artistic and technical appreciation and he consciously used the media to promote himself and his work.

As time went by he created a public persona and image: the construction of this myth was assisted by his autobiography La vida secreta de Salvador Dalí [The Secret Life of Salvador Dalí] a unique literary work (and often considered his best written work), which is es-

sential to better understanding his work and persona. His literary ability should not be overlooked: in fact, his artistic work cannot be understood without his literary output and vice versa. In his texts, Dalí spoke of the themes and images that appear in his paintings, and interpreted the evolution of his pictorial work, as well as reflecting upon his juxtaposition with regards to past and present art.

Following the example set by the writer Montaigne, he often declared that one could only arrive at what was universal by beginning with the ‘ultra-local’.

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Barcelona Echoes

Barcelona, an exemplary Euro-Mediterranean urban model

by Antonio Romero*

The Mediterranean region has taken centre stage on the international scene thanks to the social and political events that have occurred in recent years in North Africa and the Middle East. Today more than ever, the Mediterranean needs to open itself to the world, to make itself heard, to value its numerous assets and realise its great potential for growth.

Barcelona committed itself to the Mediterranean many years ago, though it has long been active in the construction of the Mediterranean thanks to its history and culture, its heritage and geostrategic position. Barcelona has actively contributed to the region’s economic and cultural dynamism and its social developments. This commitment ultimately led to the Euro-Mediterranean Partnership of 1995 (also known as the Barcelona Process). Barcelona is currently at the centre of the institutional architecture of the Euro-Mediterranean region, thanks to the fact that the city was chosen for the headquarters of the Secretariat of the Union for the Mediterranean (UfM), following a unanimous vote by all 43 member countries.

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By welcoming the UfM’s permanent secretariat, Barcelona has become the institutional epicentre of the Mediterranean. Nevertheless, the organization has yet to become fully established.

During its brief existence, the UfM has had to overcome many obstacles and still must face numerous fresh challenges before it becomes fully established. Barcelona therefore wishes to reiterate its confidence in and commitment to the region’s future by supporting and strengthening the Secretariat of the UfM. The Euro-Mediterranean process has never been easy and the Union for the Mediterranean has had to confront the obstacles posed by a serious conflict in the Middle East and the troubled relations between certain countries in

Barcelona Echoes

the South. Moreover, the political situation in recent years has become even more complex, with mass social movements, armed conflicts, and regrettably, the suffering of the civilian population in many countries.

To these times of political change we must also add the long-term economic crisis affecting the whole of Europe. We cannot ignore the economic austerity policies which are affecting many European countries and the European institutions themselves, including the Secretariat of the UfM, which must operate with severe budgetary restraint.

In order to cope with the current situation, the Mediterranean needs to build consensus and integrate as many perspectives as possible. Cities will have

a central role in this process. Barcelona has always understood that the EuroMediterranean space cannot be built solely from the top down, but rather beginning with the cities, thanks to their proximity to the public.

Barcelona has always understood that the Euro-Mediterranean space cannot be built solely from the top down, but rather beginning with the cities, thanks to their proximity to the public Cities have always had an important part to play in shaping the Mediterranean. Not only in antiquity but today also. Indeed, when we speak of Catalan International View

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the ancient Mediterranean during the period of classical antiquity, we picture a series of cities: Athens, Rome, Alexandria, Istanbul, Damascus and many other famous names come to mind.

Barcelona aims to play a key leadership role in the region that will allow us to take great strides in social cohesion, economic dynamism, multilevel governance, culture, aid, the promotion of women and youth, democracy and human rights It is also true that today when we speak of the Mediterranean, we must continue to talk about cities. Not only as city-states, politically and geographically segregated units, but also as large, interconnected urban centres which bring together much of the Mediterranean’s population and which become 82

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true centres of creativity, dynamism, opportunity and, increasingly, areas of freedom of expression and democracy, as was the case recently in many countries following the Arab Spring.

In this regard, over the next few years, the Mediterranean region will undergo rapid change, become increasingly urban, especially along its coast, where the majority of the population will be concentrated. The challenge will be how to deal with such massive urbanization which, in many cases, will be out of control. The Mediterranean coast is already densely populated but, according to the United Nations, in less than fifteen years, it is set to become one of the most urbanized in the world.

It is estimated that the urban population on both the southern and eastern shores will grow by approximately eighty million people.

Undoubtedly this population explosion will have a remarkable impact on

Barcelona Echoes

the appearance of cities and large urban areas, and will involve a serious challenge facing sustainable development strategies in all fields: the urban, the economic and in particular the social.

The first challenge will be to ensure that urban growth does not take place without careful strategic planning. In the sixties and seventies Barcelona and Catalonia had firsthand experience of urban growth with a total absence of a sustainability strategy. Without integrated urban planning, the various neighbourhoods become isolated, lacking in basic services and the necessary infrastructure. Such cities become poorer, their capacity for economic dynamism becomes diluted and their social potential is lost. The outcome: badly planned cities, poorer citizens and a more precarious form of democracy.

Given such a state of affairs, we must take advantage of the enormous potential cities have for cooperation.

The region’s cities aren’t burdened by negative historical baggage. As such they could become privileged interlocutors in relations between the two shores of the Mediterranean. In this respect Barcelona wishes to offer its leadership and expertise in promoting and leading new projects that will provide greater visibility to the role of local authorities in the Mediterranean region. They will also strengthen the role played by cities, not only in providing basic services, but as forces of change and participants in fields which are highly relevant to their citizens, such as planning, new business models, culture, gender and youth policies, social services and social and territorial cohesion.

Barcelona works to strengthen the dialogue between the Mediterranean cities in order to strengthen a network of bilateral cooperation and jointly promote new projects in key areas for strategic urban development such as logistics, governance, urban planning, the environment, support for entrepreneurs and SMEs and social policies.

Barcelona strives to foster a genuine exchange of experiences between Mediterranean cities in the field of Sustainable Urban Development. We have a number of twinning bilateral cooperation agreements and partnerships with major cities and participate in numerous networks. One example is MedCities, a network of cities which has been operating in the Mediterranean region for twenty years, with its General Secretariat located in Barcelona. We are currently working to explore and evaluate improved forms of participative organization of cities, in order to promote sustainable development in the medium and long term. MedCities celebrated its General Assembly in Barcelona on the 21st and 22nd of November, where it held an important seminar presenting the latest experiences of carrying out and implementing urban development strategies.

In short, by bringing together concerned members of the public and in cooperation with other cities, we aim to play a key leadership role in the region that will allow us to take great strides in social cohesion, economic dynamism, multilevel governance, culture, aid, the promotion of women and youth, democracy and human rights.

*Antonio Romero is the Mediterranean and Africa Program Director of Barcelona City Council’s Department of International Relations and Cooperation. He holds a Masters in Public Administration and a Degree in Philology and has wide experience in local government. He was the Managing Director of the Barcelona Energy Agency from its creation in 2001 until 2008. In 2007, the Agency was named the best European energy initiative by the European Commission.

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Sport beyond Sport

Sport, culture and serotonin

by Jordi Fexas*

The aim of this article is not to define the limits of what culture is nor to explore what aspects of our life and social creation it touches. For an anthropologist, culture is taken to be all creation or activity generated by any human collective and Man’s ability to conceive of the world symbolically, to learn and to transmit symbols and concepts to other humans, and to transform the world, and humans themselves using these symbols.

Nevertheless, this vision, which is both broad and generic is not shared by everyone, not even by the social imaginary which is subject to the creation and consumption of culture.

The remain thrust of this view of culture aims to relate sport, in both the broad and narrow sense in which we usually understand it, with the cultural act, in that both sport and culture are human activities which are closely linked to the wellbeing of individuals and groups for primarily biological reasons. Sport is culture for many reasons, especially since a culture which includes sport is the only human activity or creation that does not aim to support or reproduce the group but rather its pleasure and wellbeing. This is precisely what differentiates us from the majority of species in the animal kingdom aside from certain types of hominids.

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Nowadays we tend to see sport and culture as two related, yet distinct, phenomena. This division is a modern viewpoint and has little to do with the nature of physical activity or sport and the origins of the concept of culture.

The roots of modern sport is physical activity conceived as a shared social ritual performed without a strict material purpose. It may well have been present in the very beginnings of our species.

The first physical activity related to leisure can probably be traced back to the bodily expressions and dances related to the transmission and creation of a symbolic universe related to the obtaining of resources destined for the

Sport beyond Sport

support of the group. It is quite likely that the first human cultural expression began with the genesis of what today might be called sport.

We can therefore understand sport as a unique cultural manifestation of our species, even before the creation of material culture. Until recently cultural anthropology has tended to dissociate human cultural creation from biological and bio-genetic factors. It addresses cultural creation from casuistry and Man’s capacity for abstraction and factors relating to the environment or ecosystem. Advances in biology and epigenetics provide clues as to how to interpret the casuistry of cultural be-

haviour differently or with a multidisciplinary approach. Nevertheless, it is still a controversial issue within the various branches of anthropology and biology, which does not permit clearcut assumptions and positions.

Movement and physical activity are well-known and proven to have the ability to create harmony and feelings of pleasure and wellbeing Sport is undoubtedly a source of physical and psycho-emotional wellbeing. Movement and physical activity Catalan International View

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Sport beyond Sport

are well-known and proven to have the ability to create harmony and feelings of pleasure and wellbeing. Humans are active in nature. Since time immemorial hunting, farming, fishing and livestock rearing have implied a significant expenditure of physical exertion. Such exertion is clearly necessary for human survival. Over time, these activities have given way to more sedentary occupations that fill the time which evolutionarily speaking was devoted to physical exertion.

Our current understanding is that creative, abstract activity generates culture However, as our brain has evolved since prehistoric times it has adapted its structure and function to the psychomotor activity that is necessary for the optimal functioning of our hormones and neurotransmitters. The time devoted to physical movement has decreased significantly in a few short years, resulting in a natural necessity inherent in all human beings: movement, action. This gives rise to a new way of understanding sport. The culture of sport is seen as a model of 86

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the cult of the body and the worship of physical and psychological health, as a model of personal care necessary to cope with life’s demands and a means to be able to enjoy a better physical and emotional state.

Neurons communicate with each other via electrical impulses, through neurotransmitters, and physical activity releases chemicals such as serotonin and dopamine. This means the psycho-emotional and physical benefits of sport are great since it improves all aspects of psychological function. It promotes peaceful coexistence and encourages emotional bonding between the participants, together with the enthusiasm and motivation to meet new challenges in everyday life. Sport generates positive emotions, personal wellbeing and improves one’s overall mood. It encourages participation and the taking of initiative and stimulates a desire for teamwork. It channels aggression and has a calming effect that improves the quality of sleep, hormonal regulation and the neurotransmitters which are necessary for a good night’s rest.

These are just a few examples of the benefits provided by sport. Our current understanding is that creative, abstract activity generates culture. Though it does not serve to regenerate brain cells it does stimulate the regeneration of nerve connections that enable and prolong a better functioning of our sensory and cognitive capabilities. Therefore sport and culture have been closely linked and we as a species need these two practices to harmonise ourselves individually and collectively. Sport and culture are one and the same, they are necessary and key elements in socialisation and are the basis for overcoming the difficulties in the socialisation of the individual and the collective harmonisation of a human group. Sport and culture have gone hand in hand

Sport beyond Sport

with the development and shaping of our species and its social organisation.

In times of individual and social crises, these two ancestral practices possessed by our species, may well offer the most efficient way ahead. Both create wellbeing, the search for which is something that is often linked to what we call instinct. If there is a reproductive instinct it is due to the wellbeing generated by sexual activity. I would hesitate to say that sport and cultural creation and consumption are also the result of an instinct. I would merely propose that the relationship between sport and culture is closer than we tend to think for reasons we do not always take into

consideration. We could therefore conclude that sport, physical activity as the first cultural creation, generates wellbeing due to its positive effects on certain neurotransmitters Likewise, culture is also a means of generating wellbeing.

Therefore, culture develops because it creates comfort and this has served to encourage the process of cultural complexity of human societies. Nowadays we don’t experience our biological needs directly, instead they are played out via culture, they are clothed in culture. This explains why cultural action tends to give everything that generates wellbeing a central role in social rituals.

*Jordi Fexas (Barcelona, 1966). He holds a degree in Contemporary History from the Universitat de Barcelona, specialising in Anthropology and African History and conducted doctoral studies at the Institut d’Història JVV(UPF). He has a wide range of experience in the private sector. He has also worked as an anthropologist, conducting fieldwork in Mozambique and the Democratic Republic of Congo.

As a journalist he has contributed articles in numerous magazines dealing with contemporary issues. He is currently Igman-AS’s Head of Projects in the Maghreb and Sub-Saharan Africa.

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Catalan International View

87

Opinion

The voice of Catalan local government around the world

by Joan Carles Garcia *

The international activities and outreach of Catalan local governments are instruments with a great potential for promoting the economic and social development of our cities.

Local councils are the form of government which is closest to the public. They are the first to hear their demands, perceive their daily needs, get to know their daily lives, while ensuring the provision of basic services and taking care of their welfare. This may appear to be rather obvious. Nevertheless, reality shows us that all too often, local governments are forgotten.

True to its mission, the Diputaci贸 de Barcelona (Barcelona Provincial Council) focuses its efforts on supporting the 311 municipalities in the Barcelona province. To this end, we work in numerous areas to provide technical assistance, financial backing and technological support to local councils, in order that they can provide their citizens with the quality of service they deserve.

One of the areas in which we operate is international activity and outreach. Initially, this arouses suspicions as to a possible conflict of interest. In practice, however, the actions of local 88

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governments in the international arena are not in competition with anyone, but rather complementary, serving to actively contribute to the construction of a common model and strategy of a country. With a good definition of its competencies and mechanisms of coordination between different levels of government, the great potential of local governments can be optimized in terms of external activity.

Academic and cultural exchanges, business alliances, twinning agreements, technological innovations, research, environmental work, local governance, basic services, tourism promotion and economic development strategies and regional competitiveness. These are just a few examples of the wide range of possibilities available for the international action of local councils. Possibilities that often involve a small investment that makes a significant impact in improving the quality of life of our citizens.

Opinion

The external actions of local governments have the added value of helping to take advantage of globalization, while seeking common solutions to the challenges it brings at the local level.

Therefore, they must be the result of the active and dynamic commitment and collaboration of leading territorial actors (local governments, organizations, business agents and the public) in order to work together towards the common goal of opening up new opportunities for our towns and cities.

We at the Diputació’s Department of International Relations deploy all our resources to provide our local councils with access to all the opportunities offered by international action. To this end, we have designed a strategy with four main areas: technical assistance and training, outreach and internationalization plans, development cooperation and leadership.

The main objective of technical assistance and training is to accompany

local authorities so that they can carry through strategic projects using EU funds or networks, as well as advising the councils in the process of defining European Union policies and legislation which affect the local level. In this regard, apart from offering expert advice and a comprehensive training program for administrators and council officials, we promote ongoing lobbying to defend the interests of our councils, coordinate the secretariat of the EuroMediterranean network Arco Latino and the Catalan local governments’ Brussels office, and regional, social and economic actors. We also manage information and public awareness activities via EuropeDirect Barcelona and coordinate a network of experts and officials in the province working on European affairs.

In terms of outreach, supporting local councils in developing an international strategy that will help to achieve their priorities and capabiliCatalan International View

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Opinion

ties is key to optimizing and promoting their presence on the international scene. So too is working in coordination with other Catalan institutions that contribute to our projection on the international stage.

From the point of view of cooperation, we provide ongoing technical assistance in the design, monitoring and evaluation of local council initiatives, we support non-profit organizations with the aim of working together in promoting aid projects and raising awareness and we encourage the exchange of experiences between local governments in our country and abroad.

The activity of local governments on the international scene should actively contribute to the construction of a shared model of a country The Diputació promotes a new model of decentralized cooperation that rejects vertical aid models and that is committed to networking, horizontal reciprocity and sustainability. The current economic situation requires us to be especially careful with resources and the emergence of new middle-income countries that had traditionally been recipients of aid, leading to a change in the scenario of cooperation. Against such a backdrop, the Diputació has designed a model based on partnerships that promotes the combination of joint

efforts of public, private and social participants with a willingness to work together to achieve a common goal: improving the public’s quality of life.

With this in mind, the Office for Development Cooperation has launched 144 projects, most notably the Local Med platform, an innovative area for exchange across 14 municipalities in the Province of Barcelona and 10 in northern Morocco with the aim of identifying common interests and promoting local economic development initiatives with a direct impact on its citizens.

In order to ensure that international agendas respond to the interests and priorities of our municipalities, we at the Diputació also carry out the important task of networking. In this sense, we are committed to networks and organizations focused on the position of local governments on the international agenda, such as Platforma or United Cities and Local Governments (UCLG). The recent invitation to become a full member of the UCLG World Council as well as the presidency of the Decentralization and Local Self-Government Committee are clear examples of our commitment.

We are convinced that all the efforts aimed at the internationalization of our local governments are necessary to improve development opportunities in a global context where action at the local level, through proximity, is the best means of ensuring the smooth delivery of services directly to the public while improving their efficiency.

*Joan Carles Garcia holds a BSc in Industrial Design. He has been the Mayor of Tordera since 1995. He has also held a series of posts including: National Councillor of the Municipal Committee of the Catalan Association of Municipalities (2003-2011) and Provincial Member and Chairman of CiU’s Group at the Barcelona Provincial Council. He is currently the Provincial Member to the Presidency, Spokesman and President of CiU’s group at the Barcelona Provincial Council.

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Tel. +34 977 757 473 · +34 977 756 265 • Fax +34 977 771 129 Camí Pedra Estela, 34 • 43205 Reus (Baix Camp) www.demuller.es

The Artist

Xavier Grau

The Ceaseless Morphosis

by Andrés Sánchez Robayna

When faced by a painting by Xavier Grau, more so when faced by an entire exhibition of his work, an immediate consideration, albeit brief and of a purely preliminary nature, arises concerning the possibilities of painting. I say ‘possibilities’ and not ‘validity’ or ‘current relevance’, fully aware that today we need hardly deal with, except in a very indirect way, what, in recent decades, has become something more than a theoretical problem and ended up being confined to the less 92

than stimulating sphere of a controversy almost always weighed down by deeply entrenched dogmas and postures. To speak of the ‘possibilities’ of painting is to recognise the many and varied ways in which it manifests itself today in our most immediate present. It is also to understand the highly diverse languages that painting contains within itself and which it is able to develop with an expressivity that could be considered unforeseen were it not for the fact that this expressivity had

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The Artist

already clearly manifested itself in the great painters of the 20th century and in the experimentation which led them to renovate and enrich, from very disparate positions, the reality of painting. From Giorgio Morandi to Luis Fernández, Zoran Music to Cy Twombly, Milton Avery to Blinky Palermo and Gerhard Richter, could it have ever been in doubt that painting is far from having played out its role, completed its historical trajectory or done nothing more (as has often been stated) than repeat its laudable discoveries? We now realise to what extent the content of those pronouncements was due entirely to fashion, self-interested opportunism, and the intentional distortion of a reality that, far from being played out, continually rediscovered its significance and even formulated, almost unexpectedly, new and seductive combinations of different materials and techniques.

For reasons which are too involved to go into here (and which, I should mention, I outlined on a previous occasion for the exhibition Pintura dels setanta a Barcelona. Superfície, color (Painting from the 1970s in Barcelona. Surface, Colour), held in the MACBA in 1997) I had the opportunity of witnessing the inception of Xavier Grau’s work or, to be more precise, its first public appearances. Referring to this time seems unavoidable since it was crucial not only for the painter himself and the group of which he was part, but also for the development of the artistic languages current in the Spanish culture of the period. I have a very vivid memory of the twenty or so paintings and handful of drawings Xavier Grau presented in Per a una crítica de la pintura (Towards a Critique of Painting) in the Maeght gallery in the spring of 1976. As I write this, I have stopped to consult the exhibition catalogue in my library and, on leafing through it, the simple act of recollection has caused me to relive what in those days was, primarily, an atmosphere. I should say it was, strictly speaking, as much a cultural atmosphere as an atmosphere of actual pictorial action or creation. Regarding the first, what the cultural atmosphere afforded was at the same time the need for and the effect of a transformation in the conditions of the practice of art, doubtless due to the closing, in 1975, of an entire historical and political chapter. It became necessary to question the existing languages, to revise them or, as the title of the Maeght exhibition in Barcelona put it, to critique them, and this is exactly what Towards a Critique of Painting did; it proposed the critique of the activity of painting in order to reinvent or remake it. As for painting itself, the works by Grau and his colleagues created, above all else, an atmosphere. An

atmosphere of action as much as contemplation, completely free of contradictions. Grau’s paintings, all untitled and simply numbered, clearly display this desire to create settings, surroundings, spaces for contemplation which, in a work like Pintura nº11 (Painting nº11), were also spaces for action, as they were for De Kooning.

To look at a picture in that exhibition was to penetrate that atmosphere and explore the infinite possibilities of painting. How well-put (and also how typical of the at-

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titudes which then determined and produced the gaze) was the conclusion of the essay Los miedos de la pintura (The Fears of Painting), a text with which Xavier Grau contributed, in the exhibition catalogue, to the discussions aired in the magazine Trauma (and, incidentally, one of his few pieces of writing), ‘The teaching of painting is only just beginning’.

Between these two poles of contemplation and action (always nurtured, needless to say, by the ceaseless, endless recommencing of the teaching of painting) is where Grau’s work has always in fact moved. I am reminded of what Tomás Llorens said in reference to a broad sector of modern painting and the sense, or rather the spirit, of its creative enterprise; that it is painting marked by the ‘epistemological precedence of contemplation’. This is not of course a spirit exclusive to a significant sector of pictorial modernity, but I would say that it is one of its most characteristic features. It is what distinguishes it and at the same time defines it, especially in the case of the languages of abstraction, so varied and metamorphic. Also, obviously, in the variant of abstraction practiced by Grau, since its inception until today, he has demonstrated immense loyalty to his artistic project and, despite the distinct phases or periods that can be discerned in his project, he has always had its roots very much in mind, delving into them time and time again.

And via these roots he has explored a unique and unmistakable territory; the vibratory spatiality, the cosmic 94

nervures, like graphic rhythms or pulsations moving across the surface of the canvas which, capturing our gaze, carry it to a realm where frenzy and quietude ally.

After the rather severe and stripped-down early pieces from the 1970’s, of an almost ascetic bareness and an occasionally disconcerting simplicity, Grau’s work soon turned towards areas of vision, of contemplation and action, that were no less appealing but certainly more complex. The picture space began to fill with lines and criss-crossings, as if the pictorial action needed to transpose itself into visual rhythms. It is true that a large part of abstraction in painting tends to configure itself as musical movement, and that Kandinsky was very explicit about this when he spoke of the ‘abstract interior sound’ of forms associated (or identified) with sensations. ‘The world rings with sound’.

Yes, and the painter does nothing more than bring the interior sounds to colour and form, the sensations that pulse in the multiple elements that constitute visible reality. Each painter listens with their eyes to these elements and transposes them into strokes, marks and signs: movements whose harmony is of a musical nature, and each painter combines and recombines them according to their personal capacity for listening and also in accordance with their explorations and expressive requirements. It is no surprise then that Xavier Grau himself spoke once, back in the 1970’s, of ‘the wounding splendour of the signifier’. I believe that this

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last point is, in a certain sense, of the same order as the above quotations from Kandinsky; for Grau strokes and lines are also ‘signifiers’, since referring to them, that is to say the material component of the sign, the phonic image, refers us equally to the sound.

Xavier Grau’s later career has been marked, in my opinion, by two complimentary creative directions.

The first is a rigorous exploration of what one critic has called the ‘palimpsest effect’, meaning ‘the retroactive effect of the avant-garde on itself ’, in the words of Rafael Santos Torroella, and an emphasis on the rereading of the trail left in its wake. Indeed, how can one not see in this body of painting a judicious assimilation of some of the most dynamic languages of the avant-garde together with their revitalizing regeneration? Everything invites us to look at Grau’s paintings as if the language which arises here and becomes visible, the set of ‘sounds’ it incorporates, were part of a long chain of expression that will not, of course, end with him. Grau’s is a body of work which has proposed, definitively, since the 1970’s, to look deeper into some received languages and from them explore new artistic realities, ‘to go further into the undergrowth’, to use Juan de la Cruz’s fine expression.

The other direction I refer to is none other than the work which has led Grau to the very signs that characterise this painting, its discoveries, its distinctive notes (in the musical sense too, of course): its world. The

floating forms, the knots, tensions and filaments that cross the space of the canvas and populate it with resonant figures, ‘sensations’ configured by masses of lines and colour in a strangely harmonious creation, give body to painting of a clearly cosmic vocation which, unlike other painters sharing this concern (Roberto Matta, for instance) configure an artistic universe that appears in statu nascendi, forms that may be called autogenetic, forms in morphosis, inexhaustible, in continual movement, and yet, paradoxically, immobile on the canvas.

Let us observe, in the self-propelling space of these canvases and drawings, the unmistakeable space of the paintings and drawings of Xavier Grau, the frozen whirlwind of an enchanting world; the exquisite lesson offered by painting, its unquestionable teaching, and yes, that teaching which is only just beginning.

Tegueste, Tenerife, 20th November 2013.

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Can Framis’ AØ Space will hold Xavier Grau’s exhibition ‘La morfosi sin fin’ (The Ceaseless Morphosis) from the 13th of January to the 6th of April 2014.

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A Poem Curated by Enric Bou Chair in Hispanic Studies, Brown University (Providence)

Attempted Canticle in the Temple

Assaig de càntic en el temple

How tired I am of this My craven, ancient, savage fatherland; How it would delight me to leave and go Beyond the farthest north, Where the people, they say, are noble and clean, Cultured, rich and free, Unsupervised and happy!

But then my disapproving brethren would tell the Congregation: ‘Leaving his native place a man becomes Like a bird leaving the nest’, While I, in the distance, laughed at The law, the antique wisdom, Of this my arid people.

But the dream will never be followed, I’ll stay here till my death.

For I too am full of cowardice and savagery, And also in despair and pain love this poor land, My sad, unclean, unlucky fatherland.

Oh, que cansat estic de la meva covarda, vella, tan salvatge terra, i com m’agradaria allunyar-me’n, nord enllà, on diuen que la gent és neta i noble, culta, rica, lliure, desvetllada i feliç!

Aleshores, a la congregació, els germans dirien desaprovant: “Com l’ocell que deixa el niu, així l’home que se’n va del seu indret”, mentre jo, ja ben lluny, em riuria de la llei i de l’antiga saviesa d’aquest meu àrid poble.

Però no he de seguir mai el meu somni i em quedaré aquí fins a la mort.

Car sóc també molt covard i salvatge i estimo a més amb un desesperat dolor aquesta meva pobra, bruta, trista, dissortada pàtria.

(Translated by Pearse Hutchinson)

Salvador Espriu (1913 - 1985) was a Catalan poet, playwright and novelist. He lived in Barcelona, though he also spent time in Arenys de Mar. The town played an essential role in his literary world, where it is known as Sinera. In 1929 he published his first book, Israel, written in Spanish. He studied Law and Ancient History at the University of Barcelona. Two novels Dr. Rip and Laia (1931), renewed the noucentista narrative from the early twentieth-century. Aspectes (1934) and Ariadna al laberint grotesc (1935) contain short stories written with biting satire and a lyrical style. After the Spanish Civil War he worked as a lawyer while continuing to write. His works of this period included plays such as Primera història d’Esther (1948), and collections of poems: Les cançons d’Ariadna (1949), Les Hores i Mr. Death (1952), El caminant i el mur (1954), and Final del laberint (1955). La pell de brau published in 1960, made him a symbol of the struggle for freedom. The singer Raimon put his poems to music, helping popularize what had hitherto been obscure and difficult poetry.

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Editorial Board Martí Anglada Former foreign news editor at TV3 (Catalonia television). He has been foreign correspondent in the Middle East, Italy and Great Britain (1977-1984) for the Barcelona newspaper La Vanguardia and United States correspondent for TV3 (1987-1990). He has also been an international political commentator. His latest book is Afers no tan estrangers (Not So Foreign Affairs) published by Editorial Mina (part of Grup 62).

Enric Canela (Barcelona, 1949). Holds a degree in Chemistry from the Universitat de Barcelona (UB) (1972) and a PhD in Chemistry, specialising in Biochemistry. He has taught at the UB since 1974, where he is currently Professor of Biochemistry and Molecular Biology and collaborates on research into intracellular communication. He also conducts research on theoretical Biochemistry. Regularly publishes in scientific journals of international repute. He is a member of numerous scientific societies. Between 1991 and 1995 he was vice president of the Catalan Society of Biology. Between 2007 and 2009 he was president of the Circle for Knowledge. Between 2007 and 2011 he was a patron of the National Agency for Evaluation, Certification and Accreditation (ANECA) in Spain. He is currently vice-rector of Science Policy at the UB.

Salvador Cardús (Terrassa, 1954). PhD in Economics at the Universitat Autònoma de Barcelona (UAB). Visiting researcher at the University of Cambridge, Cornell University and Queen Mary College of the University of London. Currently he is professor of Sociology at the UAB and the former Dean of the Faculty of Political Sciences and Sociology. He has conducted research into the sociology of religion and culture, media, nationalism and identity. His published works include, Plegar de viure (Living Together) with Joan Estruch, Saber el temps (Understanding the Time), El desconcert de l’educació (The Uncertainty of Education), Ben educats (Well Educated) and El camí de la independència (The Road To Independence).

In the field of journalism he was the editor of the Crònica d’Ensenyament magazine (1987-1988) and was deputy editor of the Avui newspaper (1989-1991). He contributes to ARA, La Vanguardia, Diari de Terrassa and Deia newspapers. He is member of the Institut d’Estudis Catalans.

August Gil-Matamala Has been a practising lawyer since 1960, specialising in the fields of criminal and labour law. He has taken part in numerous cases in defence of people on trial for their demands in favour of people’s rights, as well as hearings before the European Court of Human Rights in Strasbourg. Gil-Matamala fought the first successful case against the Spanish state for the violation of basic rights. He is a founder member of the Commission for the Defence of Individual Rights of the Col·legi d’Advocats de Barcelona (the Barcelona Bar Association) and the Catalan Association for the Defence of Human Rights, which he presided over from its foundation in 1985 to 2001.

Gil-Matamala has also been president of both the Fundació Catalunya and the European Democratic Lawyers organisation. In 2007, coinciding with his retirement, he received the Creu de Sant Jordi (St. George’s Cross, the highest honour awarded by the Catalan government).

Montserrat Guibernau Professor of Politics at Queen Mary College, University of London. Holds a PhD and an MA in Social and Political Theory from the University of Cambridge and a degree in Philosophy from the Universitat de Barcelona. She has taught at the universities of Warwick, Cambridge, Barcelona, the London School of Economics and the Open University. Guibernau has held visiting professorhips at the universities of Edinburgh, Tampere, Pompeu Fabra, the UQAM (Quebec) and the Austrian Academy of Sciences. Currently she holds a visiting fellowship at the Centre for the Study of Global Governance, London School of Economics. Montserrat Guibernau is the author of numerous books and articles on nationalism, the nation-state, national identity, and national and ethnic minorities in the West from the perspective of global governance.

Guillem López-Casasnovas (Minorca, 1955). Holds a degree in Economics and Law from the Universitat de Barcelona (UB). He obtained his PhD in Public Economics from the University of York. He has been a lecturer at the UB, visiting scholar at the Institute of Social and Economic Research, University of Sussex and at the Graduate School of Business at the University of Stanford. Since June 1992 has been full professor of economics at Barcelona’s Universitat Pompeu Fabra (UPF), where he has been vice-rector of Economics and International Relations and dean of the School of Economics and Business Science. In 1998 he created the Economics and Health Research Centre (CRES- UPF), which he directed until recently. Co-director of the Master’s in Public Management (UPF-UAB-EAPC). In 2000 he received the Catalan Economics Society Award and in 2001 the Joan Sardà Dexeus Award. He is also a member of the Minorcan Institute of Studies, The Catalan Royal Academy of Medicine and a distinguished member of the Economists’ Society of Catalonia. President of the International Health Economics Association and since 2005 one of the Spanish Central Bank’s six independent Council members.

Manuel Manonelles Political commentator specialising in international relations, human rights and democratisation processes. Currently director of the Foundation for a Culture of Peace, Barcelona. He has been special advisor to the Co-chair of the UN High Level Group for the Alliance of Civilizations, as well as advisor to the coordinator of the Secretariat of the World Forum of Civil Society Networks (Ubuntu Forum), which is a member of the International Council of the World Social Forum. He has been an international electoral observer and supervisor for the OSCE and the EU on many occasions, and has participated in several international intergovernmental and non-governmental processes.

Fèlix Martí Former president of the International Catholic Movement for Intellectual and Cultural Affairs (Pax Romana), from 1975 to 1984; director of Catalonia magazine (1987-2002), a publication printed in four different languages, aimed at disseminating Catalan culture; director of the UNESCO centre of Catalonia (1984 to 2002) and later its honorary president (from 2003). From 1994 to 2002 he was editor of the Catalan editions of the yearly reports of the Washington-based Worldwatch Institute, L’Estat del món (The State of the World) and Signes vitals (Vital Signs). He promotes the Declaration on Contributions by Religions to a Culture of Peace, signed by leaders of the great religious traditions in 1994. President of the Linguapax International Institute from 2001 to 2004 and honorary president thereafter. Wrote his memoirs Diplomàtic sense estat (Diplomat Without a State), published by Edicions Proa in 2006. Was awarded the UNESCO Human Rights Medal in 1995 and the Generalitat de Catalunya’s Creu de Sant Jordi (St. George’s Cross) in 2002.

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Eva Piquer (Barcelona, 1969).Writer and cultural journalist. Works for several newspapers and magazines. Has been a lecturer at the Universitat Autònoma de Barcelona and a New York news correspondent. Won the 2002 Josep Pla prize for her novel Una victòria diferent (A Different Victory). Also author of several books, including La noia del temps (The Weather Girl), Alícia al país de la televisió (Alice in Television Land) and No sóc obsessiva, no sóc obsessiva, no sóc obsessiva (I’m Not Obsessive, I’m Not Obsessive, I’m Not Obsessive). Her latest book is called La feina o la vida (Life or work).

Ricard Planas (Girona, 1976). Journalist, art critic and cultural promoter. Studied Philology and the History of Art at the Universitat de Girona. In 1999 he founded the magazine Bonart, dedicated to the contemporary art scene in the Catalan Countries. More recently he created and directed the Catalan art fair INART in 2005 and 2006. Has worked as the curator for exhibitions by important artists such as Arranz-Bravo, Lamazares, Formiguera, Cuixart, Ansesa and Grau-Garriga. Ricard has collaborated with Ona Catalana, Catalunya Ràdio, iCatfm and Onda Rambla radio stations. Has also worked for the Diari de Girona, El Punt and El Mundo newspapers, among others.

Clara Ponsatí Holds a Degree in Economics from the Universitat de Barcelona, a Masters in Economics from the Universitat Autònoma de Barcelona (UAB) and a PhD from the University of Minnesota. She is a research Professor and Director at Institut d’Anàlisi Econòmica-C.S.I.C., Affiliated Faculty and Research Fellow at the Barcelona Graduate School of Economics. She has been Senior Researcher at C.S.I.C., Associate Professor and Assistant Professor at UAB and Postdoctoral Research Associate at Bell Communications Research, Morristown, NJ. She is a member of the Editorial Boards of The International Journal of Game Theory and The Review of Economic Design.

Arnau Queralt Holds a Degree in Environmental Sciences from the Universitat Autònoma de Barcelona (UAB) and a Masters in Public Management from ESADE, the UAB and the Universitat Pompeu Fabra. Since October 2011, he has been the director of the Advisory Council for the Sustainable Development of Catalonia (CADS), an advisory body of the Government of Catalonia attached to its Presidential Department. Since October 2012, he has been a member of the Steering Committee of the European Environment and Sustainable Development Advisory Councils (EEAC). From May 2010 to October 2011 he was secretary general of the Cercle Tecnològic de Catalunya Foundation. He has been on the board of the Catalan Association of Environmental Professionals since 2004 and was its president from May 2010 to May 2012.

Vicent Sanchis (Valencia, 1961). Holds a degree in Information Sciences from the Universitat Autònoma de Barcelona. In his career as a journalist it is worth highlighting that he has worked and collaborated on many publications and with numerous publishers; he has been editor and director of El Temps magazine, director of Setze magazine, the Catalan supplement of Cambio 16, and director of the newspapers El Observador and Avui. He has also excelled as a scriptwriter and director on different TV programmes. At present he is president of the editorial board of Avui, and vicepresident of Òmnium Cultural. Vicent is also a lecturer in the Faculty of Communication Sciences at Universitat Ramon Llull in Barcelona.

Mònica Terribas (Barcelona, 1968). Holds a BA in Journalism from the Universitat Autònoma de Barcelona and a PhD in Philosophy from the University of Stirling (Scotland). She is a lecturer at Universitat Pompeu Fabra. From 2002 to 2008 she presented and subsequently directed the current affairs programme La nit al dia for TV3 (the Catalan public television). From 2008 to 2012 she was Director of TV3 and the following year, the CEO and editor of the newspaper Ara. Since September 2013 she has presented El matí de Catalunya Ràdio, Catalonia’s public service broadcasting flagship current affairs programme.

Montserrat Vendrell (Barcelona, 1964) has been BIOCAT’s CEO since April 2007. BIOCAT is an organization that promotes biotechnology, biomedicine and medical technologies in Catalonia. It is supported by the government of Catalonia and the Barcelona city council and includes companies and research institutions. As a cluster organization, BIOCAT’s goals include promoting the development of biotechnology companies and research institutions through implementation of specific programs, facilitating access to financing and talent, and internationalization. Vendrell has been the Chairwoman of CEBR (the Council of European Bioregions) since 2012.

Dr. Vendrell holds a PhD in Biology (Universitat de Barcelona) and has more than ten years’ experience in biomedicine and biotechnology research in various international research institutions. She holds a Masters in science communication (UPF, 1997) and a Degree in business administration (IESE, PDG-2007). Before BIOCAT she was linked to the Barcelona Science Park, where she held several posts such as Scientific Director (1997-2005) and Deputy Director General (2005-2007). Among other tasks, Dr. Vendrell led the design and implementation of the Park’s Strategic Plan, as well as the organization and management of scientific activities and technological platforms. She was a member of the Steering Committee of the Park’s Biotech Incubator, and in charge of international relations.

Carles Vilarrubí (Barcelona, 1954). Businessman. He is currently Executive Vice-President of Rothschild Spain Investment Bank, specialising in key mergers and takeovers in the financial sector on an international scale. President of CVC Grupo Consejero, an equity and investment advisory firm, with a portfolio of shares in consulting and service companies from the world of communications, the media, marketing, technology and telecommunications. President of Doxa Consulting Group, independent consultants on technology, media and telecommunications, leaders in the sector and with a presence in Spain and Portugal. He is a member of the advisory board of the Catalan confederation Foment del Treball Nacional (National Employment Promotion) and patron of the Fundació Orfeó Català - Palau de la Música. He has also been a member of the governing council of ADENA WWF (World Wild Fund for Nature), and sat on the boards of the Fundación Arte y Tecnología, Fundesco and Fundación Entorno. He is also member of the F.C Barcelona.

Vicenç Villatoro (Terrassa, 1957). Writer and journalist. Holds a degree in Information Sciences. Former president of the Ramon Trias Fargas Foundation.

As a journalist he has worked for numerous organisations. He was the editor of the Avui newspaper from 1993 to 1996 and head of the culture section of TV3. Between 2002 and 2004 was director general of the Catalan Radio and Television Corporation. He has contributed to a range of media companies, such as Avui, El Periódico, El País, El Temps, Catalunya Ràdio and COM ràdio. As a writer he has written a dozen novels. He is the former director of the Institut Ramon Llull.

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