Mark Demesmaeker (Belgium, 1958) is a Member of the European Parliament and sits on the Bureau. He is a member of the Nieuw-Vlaamse Alliantie, the Flemish pro-independence party that won the last federal elections, presides over the Flemish government and governs the most important city in Flanders, Antwerp. It is member of the Conservatives and Reformists group at the European Parliament.
Demesmaeker has kept abreast of the Catalan process from the beginning. In fact, he was one of the international observers who went to Catalonia for the non-binding ballot on 9 November 2014, known as 9-N. Now, after hearing the 9-N sentence barring former Catalan President Artur Mas from public office for 2 years, his VP Joana Ortega for 1 year and 9 months, and his Minister for Education Irene Rigau for 1 year and 6 months for the crime of disobedience for having held the referendum, Demesmaeker has charged against the Spanish justice system, labelling it as shameful.
What do you think of the sentence ?
It’s shameful, a scandal for democracy and for Spain. I was in Catalonia during the ballot on November 9, 2014, and saw a very peaceful democratic event, with no ill will. It was very peaceful and not violent at all. They were people casting their vote. It is indecent that Spain should use the legal system as an instrument against democracy. For me it is a very serious situation because Spain is a member of the European Union and it is wrecking European law. I do not hear any reaction from Europe, and that is a shame. Democracy is not a crime, it is one of the values of the European Union.
Do you think the EU reacts differently depending on the country concerned?
I get the impression there are double standards in Europe and I don’t like that at all. There should be no differences. If there is a problem with Poland, they speak out; If there is a problem with Hungary they speak out; If there is a problem with Madrid, they should also speak out.
What should the reaction from the EU have been?
The reaction should be the same as for other Member States in breach of the principles of the Union. The reaction should be to defend the principles of the EU, for which the Union was created. What Spain is doing now is using its judicial system and its Constitution as a tool against democracy. This smells of autocracy and the Franco regime. The EU should react, as it does against Poland.
If the European Union does not allow democratic movements to emerge, they will lose all credibility
Do you think the EU will react in the end?
I like to be optimistic, but I see what the European Union is today, and it is a club of member states and capitals. The capital is Madrid. The European Union should be more than a club of capitals, it should be a union of citizens. They should understand that if they do not allow democracy, the consequences will be very bad for the EU itself. They should support democratic causes, such as those in Catalonia or Scotland. The question is where we put power, close to the people or far from them, that's it. If they do not allow democratic movements to emerge, they will lose all credibility.
The Constitution cannot go before democracy. The referendum is legitimate and the Government must move on
The Catalan Government wants to hold a referendum now to be held Oct 1st. Do you think that the Government should hold it even if Madrid does not authorise it?
There is a democratic majority in Catalonia in favour of the referendum. Eight out of ten Catalans want to voice their opinion. We do not know what the result will be; In Scotland they decided to remain in the United Kingdom. We cannot predict any results, but the British government gave the Scots the right to decide. This is something that Madrid has never done. Catalans have the right to decide. From my point of view, there is a majority and it is a legitimate cause. There is a Spanish Constitution, I agree, but that cannot be situated over and above democracy. If there is a majority in the Catalan Parliament and there is a majority of Catalans, then it is legitimate to hold a referendum and the Government must move on.
Seeing this Monday's ruling on a non-binding ballot, do you think it would be possible for there to be jail sentences if the Government holds the referendum?
It would be incredible, it would be totally out of control. It would be the first time someone is put in jail for allowing people to vote. Holding a vote is not a crime. It can never be a crime in the European Union. It would have many consequences. If the European Union does not react then, I would no longer know what to think.