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Agbar Foundation / News / Santiago Muñoz Machado: "A new constitutional agreement is needed which integrates the demands of Catalonia in Spain"

12 February 2015

Santiago Muñoz Machado: "A new constitutional agreement is needed which integrates the demands of Catalonia in Spain"

In the event, entitled "Catalonia and the other Spains", the Professor of Administrative Law and full member of the Spanish Royal Academy and of the Royal Academy of Moral and Political Science, stated that ''Independence is impossible on a state and international level without an in-depth constitutional reform which defines a new framework of powers which accommodates the demands of Catalonia".

Santiago Muñoz recognized that the ruling of the Constitutional Court generated malaise in Catalonia which has not yet been resolved, despite considering it to be "a legal mistake to define the 2006 Statute as a Constitution". He therefore called for "a serious study of the in-depth demands of Catalonia in relation to its institutional organization, its powers and its relations with the State".

For this lawyer, the passiveness of the central government must come to an end”, and he has backed a reform of the Constitution, integrating Catalonia’s right to decide about its future at the heart of a constitutional reform which will have to be ratified in a specific referendum in Catalonia and another one in the whole of the State.

In reference to the legal dispute maintained by Acciona and Agbar for Aigües Ter Llobregat (ATLL), Santiago Muñoz requested the immediate enforcement of the decision of the Administrative Office of Contractual Appeals of Catalonia (OARCC). For the lawyer, "the objections and the delay by the Generalitat (autonomous government) of Catalonia on applying the decision of the OARCC do not make sense and contravene European Community law", and he asked for the concession to Acciona to be revoked and for it to be awarded to Agbar, as foreseen in the regulations. "The ATLL case is inconceivable; I had never encountered a similar case", he recognized.

Angel Simón, Agbar’s Executive Chairman, presented the speaker, highlighting his experience in administrative, constitutional and community law. For Angel Simón, "the development of Spanish constitutional law cannot be understood without the contributions of Santiago Muñoz".

After the talk, which could be followed live on the Twitter account @cercledelaigua and on #CercleAigua, Albert Martínez, Director of Agbar in Catalonia, moderated a debate focused on the hypothetical independence of Catalonia, "constitutionally and internationally impossible without a radical change in the Spanish institutions", insisted Santiago Muñoz.

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