The table of the Parliament has approved on Tuesday to keep the chairman of the government, Quim Torra, as a deputy of the Camera despite the resolution of the Provincial Electoral Board of Barcelona, which he stripped of his seat. The agreement has received the support of Junts per Catalunya, ERC, CUP, Catalunya in Commune-Can and the PSC. The board has agreed to also submit an appeal to the Supreme Court against the decision of the Electoral Board because, on the basis of a report of the lawyers of the Parliament, as “null and void”.
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The camera that presides over Roger Torrent has agreed to reject the dismissal of Torra as a deputy. The resolution of the Provincial Electoral Board of Barcelona stripped Torra of its act of deputy after that the Central Electoral Board (JEC) saw incompatible to hold the seat following his conviction of disqualification for an offence of disobedience. This ruling is pending appeal before the Supreme Court.
Both Citizens and the Popular Party have defended that, according to the regulations of the Parliament, the loss of the status of member implies losing the office of president of the Generalitat, since to be is to be in possession of a seat. In fact, the PP has called to Torrent to open as a round of contacts to elect a new president. And Citizens has threatened to take legal action against the rejection of the table of the Parliament.
The table has been considered null and void the resolution of the national electoral commission. It has been based on a report submitted by the lawyers of the Parliament in which they stated that the national electoral commission “is not competent to dismiss the deputy”. In addition, in a change of criterion with respect to what they had advocated, the lawyers have considered that, in the case of Torra lost its act of deputy, he does not lose his position as president.
Sources from the socialist group have explained their vote that the Parliament cannot deprive Torra of his seat before the Supreme court makes a final ruling. They have also added that the court still has not ruled on the precautionary measures requested Torra against the judgment rendered by the Superior Court of Justice of Catalonia (TSJC).
Pending Supreme Court
The tour court for the disqualification of the Round is complex. Last Friday, the board of Administrative Litigation of the Supreme Court refused to suspend so cautelarísima —of urgency and without asking the parties— the agreement of the Central Electoral Board declaring vacant the seat of Torra in the Parliament. The electoral body applied article 6.2 of the electoral law, which allows you to remove from public office to a person convicted in a judgment not final for crimes against the Public Administration, as is the case of the president, to whom the Court Superior of Justice of Catalonia imposed a penalty of a year and a half to disqualification for disobedience last December.
At that resolution, the board of Litigation of the Supreme was not to assess the merits of the matter, that is to say, the validity of the resolution of the Board of Elections and was limited to assessing whether there are reasons of urgency which was advised to immediately discontinue its effects to prevent greater harm. The Supreme understood that there were these conditions, with the agreement of the Board of Elections on Torra is still in force.
The hall itself contentious –which resolves on the resources of the citizens against decisions of the Administration– is pending to resolve the temporary suspension ordinary of the decision of the Electoral Board, this time with a hearing to the parties, for a period of five business days. Subsequently, the Sala de lo Contencioso-enter the fund, legal agreement of the maximum electoral body.
The withdrawal of the act of Torra, occur eventually, you may be taken before the Criminal Chamber of the Supreme, which is responsible for reviewing the judgments on criminal matters, confirm or revoke the sentence for disobedience that weighs about Torra by not removing from the balcony of the Palau de la Generalitat the banner in favor of the freedom of pro-independence prisoners, as ordered by the Board of Elections during the campaign of municipal and european elections last April. In theory, although it is unlikely because Torra admitted at trial that he disobeyed, it could be the case that the president outside section of the seat in the Parliament by the resolution of the Electoral Board confirmed by the board of litigation of the Supreme, and that, subsequently, the criminal chamber of the high court cancelled for any reason, the judgment that gave rise to his disbarment.Updated Date: 15 January 2020, 14:00