"This Constitution that you hold in your hands will be the first law which the Deputies elected to the Parliament of Catalonia from Reagrupament will submit for approval."
– Joan Carretero (Vic, 13th March 2010)
“EACH NATION CHOOSES ITS OWN LAW”
Usage: “Unaqueaeque gens”
["And likewise equally the nation"]
CONSTITUTION OF CATALONIA
We, the people of Catalonia,
Wanting to re-establish our sovereign rights, conscious of our responsibility toward future generations and wanting to build a united, prosperous and open community with solidarity, and with respect for human dignity and fundamental rights, do hereby give ourselves the present Constitution.
Preamble
The Constitution that we give ourselves draws inspiration from the principles set forth in the
Declaration of the Rights of Man and the Citizen of 1789, the Universal Declaration of Human Rights proclaimed by the United Nations in 1948, and the European Convention on Human Rights of 1950.
The public authorities have the obligation to guarantee and respect these principles and the
fundamental rights which are set forth in this Constitution.
Title I. General Principles. Sovereignty
Article 1. The State
Catalonia is an independent, democratic and social State, under the rule of law.
Article 2. Exercise of Sovereignty
National sovereignty belongs to the people of Catalonia, who exercise it directly or through theirrepresentatives.
Article 3. Territory
The territory of Catalonia corresponds to the geographic limits of Catalonia.
Article 4. The Capital
The capital of Catalonia is the city of Barcelona.
Article 5. Language
Catalan is the proper, national and official language of Catalonia.
Linguistic freedom is guaranteed.
Occitanian, called Aranese in the Valley of Aran, is also the official language in that territory.
Article 6. Nationality
A law shall prescribe the conditions for acquiring, maintaining and losing one's status as a
Catalan national.
The citizens of the Valencian Country, the Balearic Islands, Northern Catalonia, the Western
Strip [along the eastern edge of Aragon] and Alguer are guaranteed their status as Catalan
nationals, if they apply for it.
Article 7. Symbols
The symbols of Catalonia are the Catalan national flag, the national holiday and the national
anthem.
Title II. Fundamental Rights
Article 8. Human Dignity
Human dignity is inviolable.
Article 9. The Right to Life
Every human being has the right to life.
The death penalty, torture and inhuman or degrading punishment are prohibited.
Article 10. Equality under the Law
Women and men are equal under the law.
No one shall be prejudiced or favoured because of his or her origin, race, birth, beliefs, opinions or social situation, nor any other personal condition.
Article 11. Freedom
Individual freedom is guaranteed.
Especially guaranteed are:
b) Respect for private and family life
c) The right to one's honour and reputation
d) The inviolability of one's home, correspondence and telecommunications
e) The right to have and raise children
f) Freedom of thought, conscience and religion
g) Freedom to hold, express and disseminate opinions
h) Freedom of the press
i) Freedom of association, assembly and demonstration
j) The right to strike and the right to collective bargaining
k) The right to receive an education and freedom of teaching
l) Freedom of artistic creation and research
m) Freedom to choose and practice a profession
n) Freedom of enterprise, commerce and industry
o) Freedom to establish one's domicile
p) Freedom of access to public office
Article 12. Judicial Protection
Everyone has the right to obtain effective judicial review.
Everyone has the right to the presumption of innocence.
Every person arrested shall be brought before a judge within twenty-four hours following his or
her arrest.
Everyone has the right to a judge properly predetermined pursuant to law, to be defended by an
attorney, to know what he or she is accused of, and to have a speedy, just and public trial.
There shall be no ex post facto criminal laws or penalties.
Special courts are prohibited.
Every person unjustly arrested has the right to be compensated for the damages he or she
suffers.
Article 13. Prohibition of Censorship
Censorship is prohibited.
Article 14. Property
The right to own private and corporate property is guaranteed.
Article 15. Marriage
The right to marriage and to form a family is guaranteed.
The freedom to establish another form of living in common different from marriage is
guaranteed.
Article 16. Protection of Territory
Everyone has the right to live in a balanced natural environment.
State agencies are required to ensure just land use and rational zoning. They are required to
combat noise, air, soil and water pollution, and to safeguard flora, fauna and the natural beauty
of the countryside, as well as natural and architectural heritage.
Article 17. Prohibition of Arbitrariness
Everyone has the right to be free from arbitrary treatment by State agencies, and to be treated
with respect for the dictates of good faith.
Article 18. Political Rights
Citizens have the right to participate in public affairs.
Every person sixteen years of age and over has the right to take part in elections, popular votes
and referendums, to be elected to hold public office and to give support to any popular
legislative initiative.
A law shall prescribe the exceptional cases in which a person may be deprived of his or her
political rights.
Article 19. Popular Legislative Initiatives
Fifty thousand voters or fifty municipalities may require the legislative branch, through a popular
legislative initiative, to promulgate, modify or repeal constitutional or legislative provisions.
Title III. Duties of the Citizens
Article 20. Defense of Catalonia
Catalans have the duty and the right to defend Catalonia.
Article 21. Public Expenditures
All citizens shall contribute to sustaining public expenditures.
Title IV. Organization of the State
Article 22. Powers of the State
The three fundamental powers of the State are the legislative power, the executive power and
the judicial power.
The legislative, executive and judicial branches are separate. Laws shall prescribe the bodies
which shall form each of the State's branches, and also their composition, attributes and
functions.
Article 23. Municipalities
The attributes and functions of the municipalities and supra-municipal bodies shall be
prescribed by law.
Title V. Constitutional Amendments
Article 24. Principle of Freedom to Amend the Constitution
The Constitution may be totally or partially amended.
Any amendment must be submitted to popular referendum and approved by a simple majority of
votes.
Article 25. Partial Amendment
Partial amendment of the Constitution shall conform to the rules governing ordinary legislative
procedure.
A partial amendment of the Constitution may cover one or more articles, but in no case shall it
affect more than one subject matter.
Article 26. Total Amendment
Total amendment of the Constitution may be initiated by the people through popular initiative, or
by the legislative body.
Transitional and Final Provisions
First.– This Constitution repeals, in the territory of Catalonia, the Constitution of the Kingdom of
Spain of 1978.
Second.– Until such time as laws are passed providing for the composition, attributes and
functions of the legislative, executive and judicial branches, their attributes shall be exercised by
the Parliament of Catalonia, the President, the Government of the Generality and the judicial
bodies, in the manner prescribed in organic law no. 6/2006, dated 19th July, reforming
Catalonia's Statute of Autonomy.
Third.– All juridical enactments promulgated by the Parliament of Catalonia which contradict
the principles and rights set forth in this Constitution are hereby repealed.
Fourth.– Effective Date
This Constitution shall take effect on the day after its ratification by the people of Catalonia in a
referendum.
Within ten days following the date of this law's enactment by the Parliament, the President of
the Generality shall issue an order scheduling a referendum, which must be held within forty to
sixty days after the date of issuance of the President's order, for submission of the present
Constitution to the people of Catalonia for ratification.
