Contentious-administrative appeal against the Generalitat de Cataluña (Catalan Government) Decree re-establishing Generalitat government offices in certain countries

The Spanish Ministry of Foreign, European Union and Cooperation Affairs (MAUC) will submit a contentious-administrative appeal against Generalitat de Cataluña Decree 126/2018, of 26 June, which re-establishes Generalitat government offices in the United Kingdom and Ireland, Germany, the United States of America, Italy, Switzerland and France, since the conditions established by current law on creating offices abroad for Spanish Autonomous Regions (CCAA, as they are known by the Spanish acronym) have not been met.

In fact, article 12 of Spanish Law 2/2014, of 25 March, on State Actions and Foreign Services sets forth that CCAAs must communicate their intentions to the Government of Spain before creating any offices abroad for the exercise of their powers in order for MAUC to be able to issue a report on whether the proposal fulfils the guidelines, purposes and objectives of the Spanish Foreign Policy and Spanish Strategy for Foreign Actions and, in particular, the principle of united action abroad. In addition, the Spanish Ministry of the Tax Administration must issue a report concerning the principle of efficient management of public resources and the Spanish Ministry of Territorial Policy and Public Duty must issue a report on whether the proposal complies with the legal framework for regional powers.

The Generalitat communicated the creation of these offices to MAUC only 24 hours before adopting the decree creating them, which makes it impossible to issue such reports.

In conversations between MAUC and the Generalitat Department of Foreign Action, Institutional Relations and Transparency, the latter explained that in all reality it was not opening any new offices but rather re-opening the ones the central government had closed in virtue of the application of article 155 of the Spanish Constitution. However, the legal procedures were also not followed when creating said offices following the entry into force of Spanish Law 2/2014.  Therefore, the former government filed the corresponding contentious-administrative appeals which were closed by the High Court of Justice of Catalonia in the understanding that the object of the appeal was no longer applicable after said offices had been eliminated.

The Generalitat also argued that no initiative had been taken in practice to begin their operation and, therefore, MAUC had expected rectification and compliance with the procedure established by current law before the deadline for filing an appeal.

Nonetheless, the Generalitat reinstated the delegates in the United Kingdom and Ireland, Germany, Italy and Switzerland during the month of July and announced calls in the month of August to appoint the directors of the offices in France and the United States of America, which means it is clear it does not intend to comply with the provisions of said Spanish Law 2/2014, and intends to ignore repeated warnings to do so.

MAUC is not questioning the right of the Government of the Generalitat de Cataluña to establish offices abroad for the exercise of relevant foreign affairs activities within the scope of its powers; however, the creation of these Offices must comply with the provisions of Spanish Law on State Actions and Foreign Services.

MAUC believes that it is unfortunate to have to file appeals with the contentious-administrative jurisdiction yet has no other choice as it must ensure respect for the law. This appeal will obviously not affect the 40 offices the Generalitat maintains as trade offices, the 13 tourist offices and 8 cultural offices, which have been created pursuant to the legal procedure in effect.





  • 14 Dec @SpainMFA * Spanish PM: "To uphold democracy and #peace over terrorism. That is the firm conviction of the EU. Our solidarity a…
  • 14 Dec @SpainMFA * 🇾🇪 Spain celebrates the agreement reached by the Government of #Yemen and the Houthi rebels after the peace convers…
  • 12 Dec @SpainMFA * RT @SpainUN: .@SpainUN along with @ElSalvadorUN & @CostaRicaONU present the groundbreaking study on #LGBTI people with international protec…
  • 12 Dec @SpainMFA * 🇫🇷Spain expresses its absolute condemnation of the attack perpetrated in Strasbourg and sends its sincere condolenc…
  • 12 Dec @SpainMFA * RT @JosepBorrellF: Face à la tragédie de #Strasbourg, les pensées de l’#Espagne sont avec les victimes et leurs familles et avec l’ensemble…
  • 11 Dec @SpainMFA * In a conversation today in #Madrid with Spanish FM @JosepBorrellF, @mbachelet reminds us that the #UDHR came from t…
  • 11 Dec @SpainMFA * @UNHumanRights Chief @mbachelet joins #Spain's FM @JosepBorrellF and Caddy Adzuba, winner of the 2014 Prince of Ast…
  • 11 Dec @SpainMFA * #Spain adopts the Global Compact #ForMigration, a move towards shared responsibility and solidarity, as PM…
  • 11 Dec @SpainMFA * 🇨🇴 #Spain is deeply saddened by the death of the former President of #Colombia, Belisario Betancur, who contributed…
  • 11 Dec @SpainMFA * #Spain announced at the #ASP17 of the @IntlCrimCourt our decision to join the negotiations for the “Convention on M…
  • 10 Dec @SpainMFA * RT @EmbEspNoruega: 🏆2018 Nobel Peace Prize awarded today in #Oslo to @NadiaMuradBasee and @DenisMukwege in a very moving ceremony.👏 Congrat…
  • 10 Dec @SpainMFA * RT @AbigailUNWomen: Great energizing meeting with Gabriel Ferrero of Spain’s MAEUEC to continue discussing mutual priorities. We appreciate…
  • 10 Dec @SpainMFA * Today we celebrate #HumanRightsDay, commemorating the 70th anniversary of the #UDHR. As a member of the @UN Human…
  • 07 Dec @SpainMFA * RT @matteopugliese: Grateful to 🇪🇸 Spanish Foreign Minister @JosepBorrellF for speaking at our event during the #OSCEMC18. I appreciate his…
  • 07 Dec @SpainMFA * RT @JosepBorrellF: In #Milan, in an event organized in the margins of @OSCE Ministerial Council, about the role young people play in the pr…


  • Inscríbete en el Registro de Viajeros
  • Recomendaciones de Viaje
  • Fichas por país
  • Instagram
  • Twitter SpainMFA
  • MAEUEC / Sede Palacio de Santa Cruz
    Plaza de la Provincia, 1
    28012 MADRID
    Tfno: 91 379 97 00
  • MAEUEC / Sede Palacio de Viana
    Duque de Rivas, 1
    28071 MADRID
    Tfno: 91 379 97 00
  • MAEUEC / Sede Torres Ágora
    Serrano Galvache, 26
    28033 MADRID
    Tfno: 91 379 97 00
    Avda. Reyes Católicos, 4
    28040 MADRID
    Tfno: 91 583 81 00 / 01
    Fax: 91 583 83 10 / 11
  • Dirección General de Españoles en el Exterior y de Asuntos Consulares
    C/ Pechuán, 1
    28002 MADRID
    Tfno: 91 379 17 00
Gobierno de España
©Ministerio de Asuntos Exteriores, Unión Europea y Cooperación
Portal gestionado por la Dirección General de Comunicación e Información Diplomática
Premio Ciudadanía 2016
Premio Ciudadanía 2016