The JEC clarifies that it disables Quim Torra as a deputy, but not as president


Politics

Catalonia

AGENCIES | DRAFTING

For their part, the six dissenting members point out that the Central Electoral Board cannot revoke an active deputy. The JEC decision can be appealed to the Supreme Court.

The Central Electoral Board (JEC) has not disqualified Quim Roast as president of the Generalitat, but as a deputy of the Catalan Parliament, since he understands that the role of the electoral administration is limited to elected positions.

This is clear from the complete agreement adopted by the JEC last day 3 and whose progress caused the protest of the Generalitat and a extraordinary plenary session of the Parliament proclaiming that the Autonomous Chamber is the only sovereign to elect the presidents.

The resolution, made public this Tuesday and collected by Europa Press, confirms that the recent conviction for disobedience imposed on Quim Torra by the Superior Court of Justice of Catalonia (TSJC), in the case opened for refusing to remove the yellow ties during the electoral period, supposes a “supervening cause of ineligibility” that disables him as a deputy.

He specifically cites the article 6.2.b) of the Organic Law of the General Electoral Regime (LOREG) that establishes, in the wording that was modified in 2011, that “are ineligible: Those convicted by sentence, even if it is not final, for crimes of rebellion, terrorism, against the Public Administration or against the State Institutions when the same has established the penalty of disqualification for the exercise of the right to passive suffrage or that of absolute or special disqualification or suspension for employment or public office in the terms provided for in criminal legislation “.

And since Torra has been convicted of crimes against the public administration and with disqualification penalties, and although the sentence is not final because he still has the option to appeal to the Supreme Court, the JEC considers that according to the LOREG the president has become ineligible to hold the elected post of deputy.

For this reason, and thus giving the reason to PP, Citizens and Vox, the JEC ordered “to nullify the credential of elected deputy” of the Parliament that in its day issued the Provincial Electoral Board of Barcelona to Quim Torra. “To order the Provincial Electoral Board of Barcelona that upon receipt of this Agreement and immediately declare the vacancy as Deputy of the Parliament of Catalonia, for the electoral district of Barcelona, ​​of Mr. Joaquim Torra i Pla”, ruling.

Consequently, he urges the Provincial Board to proceed to his removal and to issue the credential of deputy to the next candidate on the Junts per Catalunya list (JxCat), with which he attended the aforementioned elections of December 21, 2017.

However, it had been interpreted that this loss of status as a deputy also implied ceasing to be president of the Generalitat, given that the Catalan Statute indicates that the candidate for the Presidency of the Generalitat must be a member of Parliament, but the JEC specifies that this is no longer his business.

Six dissenting votes

The JEC agreement, which is final administratively but appealable before the Supreme Court through contentious-administrative matters, had the private vote of six of the thirteen members of the arbitration body -three magistrates and three of the five proposed jurists by the parties, specifically the two promoted by the PSOE and the one designated by Podemos-.

These six members argue in their private votes that the initial agreement of the Board of Barcelona had “a defect that makes it null” because was not competent to decide or not the dismissal of a deputy of the Parliament due to supervening ineligibility, since the sentence of the TSJC is not yet final because it can be appealed before the Supreme Court.

In fact, they point out that the appeal filed by Torra himself asking for the nullity of that agreement should have been upheld.




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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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