You see, all it takes to create a state is EGGS.

The Venice Commission asks that Catalunya agree to the referendum, but does not say anything about whether Spain does not want ...
There is no fool in Spain, Europe, organizations, commissions and even in Catalonia.
Most countries on the planet, unless they are consolidated democracies, DO NOT allow the referendum on self-determination of historical peoples
Does the Chinese dictatorship allow it?
DO NOT
Did Yugoslavia allow it?
No, he committed a war and then ceased to exist
Does this 'millennial' Spain, which has barely had 50 years of democracy in its history, allow it?
DO NOT
Instead...
Did the communist dictatorship of the USSR allow it?
YES
Did the United Kingdom and Canada allow it with Scotland and Quebec?
YES

It is clear that agreeing with the State is better, of course.
But the TRUE question is, can a nation declare itself independent if the state to which it is subjected does not leave it?
Answer: YES
Moreover, there is something similar to the Venice Commission called the Montevideo Convention which says:

The state as a person of International Law must meet the following requirements:
I. Permanent population.
II. Territory determined.
III. Government.
IV. Ability to enter into relations with other States.
And adds:
The political existence of the State is independent of its recognition by other States.

We can continue with the Badinter Committee in its definition of state: by owning territory, population, and political authority.
The committee also concludes that the existence of states is a matter of fact, while the recognition of others is a factor only declaratory and not determinant of statehood.

Switzerland, although not a member of the European Union, adheres to the same principle, stating that neither a political unit needs to be recognized to become a state, nor one state has the obligation to recognize another. At the same time, neither recognition is sufficient to create a state, nor its absence suppresses it.

You see, all it takes to create a state is EGGS.

Once declared independence, the State of which he was part, he can be very angry and try to destabilize the new, or he can send his army.
Under this latter assumption, the newborn state may be cowed or fought by war.

Look at the possibilities.

Kosovo left Yugoslavia through a DUI and Montenegro decided to call a referendum to separate from the criminal part that remained of the former Yugoslavia (Serbia).

It is that the most logical thing is for a nation to leave without any agreement, tired of being mistreated or expelled. The biggest example is the US DUI.
And Europe is full:



The Venice Commission says that Catalonia must agree to a referendum with the Spanish state. I repeat, you must agree.
What if Spain does not want to agree?
Those in Venice do not say that Catalonia should be frustrated for an eternity. They have responded to a referendum, at no time have they said that Catalonia can not organize it on its own or declare itself unilaterally independent.

The commission of Venice is advisory ... And the proof of this is that Spain passed through the liner a resolution of the Commission of Venice in which it demanded to the government of Rajoy that it took measures to guarantee the neutrality of the Constitutional Court, since He considered that the law 15/2015 left the Constitutional in a non neutral position.

The Government of Spain responded that it did what it 'rotated' since it needed the capacity to act against who could jeopardize the unit of Spain using measures like the state of exception.




Has Spain done something in the Constitutional as the Committee of Venice has read?
DO NOT
And, for once, a Spanish refusal is going well for us. If Spain had accepted the recommendation of the Venice Commission, we would be faced with a case of moral legality that could hardly be overcome.

As it was not, we to ours, we will try to agree with Spain and but a DUI or a RUI ...

Indeed, the Venice Commission has worked on the development and interpretation of the constitutional text of Bosnia-Herzegovina, Macedonia, Serbia and Montenegro as well as Kosovo. It has also been implicated in attempts to resolve conflicts in the state of Abkhazia and South Ossetia in Georgia, and Transnistria in Moldova.

You see, all territories are independent in every possible way ...

Although it is certain that Spain will try to confuse us with the news ...
It is still a shot in the foot to have wanted to please the Commons with this ...