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Why does independentism appeal to Article 92 of the Constitution? Nobody should be surprised that the independentism -this is valid for the Catalan and Basque nationalism, without excluding the Galician one- appeals to article 92 of the Constitution. An appeal that is the fruit of a failure and a success. The failure of more than one hundred years of history in which nationalism -especially Catalan nationalism- sought by all means the support to hold a referendum of self-determination: "principle of nationalities", "union of nationalities and oppressed nations", "appeal to the UN on the 'Catalan case' and the 'unique situation of Catalonia' that would legalize a referendum of self-determination", "Charter of the United Nations", "UN International Covenant on Civil and Political Rights" and "request for the right of self-determination for 'national minorities'"[1]. The success, supervened, thanks to the hidden agenda of a Pedro Sanchez who has needed the pro-independence votes to reach again the position of President of the Government of Spain. A stark democratic anomaly -the agreement with a fugitive from Justice, the Amnesty Law, a deep crack in judicial independence and equality before the Law and the breakdown of the division of powers- product of marketing. Power for impunity. A failure and a success that will probably conclude (article 92 CE) in the celebration of a referendum of pre-self-determination that would open the door to a referendum of self-determination. For that reason and for that reason, it should not be surprising that the independentism resorts to the constitutional legality that, when it is convenient, it denies and transgresses a la carte. It should be emphasized that independentism resorts to this article because it is Pedro Sánchez who invites it. Another concession of a PSOE -without ideology, convictions, scruples and morals- to the political blackmail of the Catalan independence movement. The invitation exists from the moment in which Pedro Sánchez, after affirming "that there will be no referendum of self-determination", adds that only "what fits in the Constitution will be done". This leads us to article 92 of the Constitution where it can be read that "Political decisions of special importance may be submitted to a consultative referendum of all citizens" (92.1 CE). Who is proposing the referendum? The answer is in article 92.2 CE: "The referendum shall be called by the King, by means of a proposal of the President of the Government, previously authorized by the Congress of Deputies". Therein lies the key which, subsequently, can open the way to a referendum of self-determination. It is true that the referendum which could be called and held by appealing to Article 92 of the Constitution is consultative and concerns and incorporates the whole Spanish territory and all citizens with the right to vote. But two things are also certain: one, of a political nature; the other, of a legal nature. Politically, first, the consultative referendum on the present or future of Catalonia -it is to be expected an ambiguous question that does not violate the constitutional legality, because this would entail the refusal to call the referendum- hides a double trap or lure: firstly, because it grants, mutatis mutandi, to the Autonomous Community of Catalonia -in the last instance the destiny of Catalonia is decided- the condition of subject with the right to decide its present or future sooner or later. Secondly, because a victory of the pro-independence movement in Catalonia -whatever the result in Spain as a whole- would have serious consequences of a political nature that would offer on a gold and diamond platter the opportunity to call and hold a referendum of self-determination in Catalonia. Hence the pro-independence demand for the transfer of powers to call and hold referendums in Catalonia by means of 150.2 CE ("The State may transfer or delegate to the Autonomous Communities, by means of organic law, powers corresponding to matters of State ownership which by their very nature are susceptible to transfer or delegation") and by the transfer of the powers of 149. 1.32 CE ("Authorization for the calling of popular consultations by means of referendum") and/or 2.1 LO/1980 ("The authorization for the calling of popular consultations by means of referendum in any of its modalities, is exclusive competence of the State")[2]. In the worst case scenario for the pro-independence movement, the consultative referendum would be replaced by a new or reformed Statute of Catalonia, also submitted to referendum, which would recover the articles suspended by the Constitutional Court -especially an own Justice, an own Treasury and an own and exclusive Catalan language- turning Catalonia into a sort of State in statu nascendi thanks to the new corpus iuris. Legally speaking, a consultative referendum, with a good result in Catalonia for the pro-independence movement, would lead to a constitutional reform which -here appears the deconstitutional process- could add a new modality of referendum that would contemplate -in the Canadian way- the clarity of the question, the percentage of participation and the number of votes in favor of accepting the proposal. To this we must add that a consultative referendum favorable to the intentions of the independence movement could implement the calling and holding of a popular consultation only in Catalonia as an instrument of pressure. A plausible hypothesis if we take into account that the Generalitat of Catalonia keeps in its folder a law of non-referendary consultations. A detail to take into account: there are jurists who interpret the "all citizens" of the consultative referendum (92.1 CE) in a different way than usual. They argue that the democratic principle of article 1 of the Constitution, with the collaboration of a Constitution which has no limits on its reform, would make it possible to hold a referendum -in principle, of a consultative nature- so that only the Catalans could pronounce themselves on their future. In any case, the way remains open that could lead to the overthrow of the Nation, the rule of law and the rule of law. Any way to avoid the threat of self-determination by appealing to the Constitution? Understanding/interpreting Article 2 EC - "The Constitution is based on the indissoluble unity of the Spanish Nation, common and indivisible homeland of all Spaniards"- as an intangibility clause. And something more: a reform of the Penal Code incorporating the criminal type of the illegal referendum. A very difficult thing to do in view of the correlation of forces and the IOUs of the President of the Government. To which must be added the colonization of the institutions that turn the party into the State. This is how autocracy begins. To paraphrase Steven Levitsky and Daniel Ziblat[3], democracies no longer die "at the hands of armed men", but thanks to democratically elected governments that gradually discredit and attack institutions and change the rules of the game: "the dismantling of democracy begins gradually", continues with "polarization [that] can tear democratic norms to pieces" and concludes with the "subversion of democracy". [1] En el artículo “Del caso especial de Cataluña al caso especial del socialismo español” –número 80, octubre/diciembre de 2023, de Cuadernos de Pensamiento Político– analizo los intentos fallidos del nacionalismo catalán con el objetivo de convocar un referéndum que conduzca a una Cataluña independiente. https://fundacionfaes.org/wp-content/uploads/2023/11/De-caso-especial-de-Cataluna-an-caso-especial-del-socialismo-espanol.pdf [2] La refutación detallada de la imposibilidad constitucional de la convocatoria de referéndums por parte de las Comunidades Autonómicas se encuentra en el trabajo “20 preguntas con respuesta sobre la secesión de Cataluña” (Fundación FAES. Madrid. 2014). https://fundacionfaes.org/wp-content/uploads/2021/09/2015062913291520_preguntas_con_respuesta_sobre_la_secesion_de_cataluna.pdf [3] Levitsky, Steven y Ziblatt, Daniel: Cómo mueren las democracias. Traducción de Gemma Deza Guil. Ariel. Barcelona. 2018.