The Central Electoral Board has agreed this Friday, by seven votes against six, to dismiss from his post of deputy regional president of the Generalitat of Catalonia, Quim Torra, after your conviction is not firm a year and a half ban for the crime of disobedience. This decision, as requested by PP, Vox and Citizens, involves the cessation of the Round as president, as the Estatut of Catalonia requires that the chief Executive Catalan is deputy regional. Sources of the defense of Torra reported that they are going to appeal against the decision in the Room of the Contentious-Administrative of the Supreme, tasked with reviewing the resolutions of the Central Electoral Board, and that they are going to ask for the suspension “cautelarísima” of the resolution, a decision which the high court has to adopt in 24 hours. To do so, the dismissal would be held in abeyance temporarily.
the agreement of The body responsible for ensuring the transparency and neutrality of the electoral process poses a jolt of unpredictable consequences on the political chessboard Catalan and adds uncertainty to the investiture of the socialist Pedro Sanchez as president of the Government.
The organ has agreed to “leave without effect the credential of deputy elected to the Parliament of Catalonia for the constituency of Barcelona mr. Joaquim Torra i Pla is carried out by the Provincial Electoral Board of Barcelona after the elections held on the 21st of December, 2017”. This will have effect on the date that notification is given in full on the agreement.
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The Board of Elections states that following the judgment of the Superior Court Catalan is competing in the Round “the cause of ineligibility occurred” of article 6.2 (b) of the Organic Law of General Electoral Regime (Goel), for having been convicted of non-res judicata judgment for disobedience, a crime against the Public Administration, to a penalty of special disqualification for the exercise of the elective public office, “whether of local, regional, national or european, as well as for the performance of governmental functions at the local, regional and State”.
The Board has been divided in seven votes in favor of the eesc and six opponents, who believe that the electoral administration is not competent to adopt the resolution of dismissing the Round as a member of parliament and will present a particular vote, after which the agreement of dismissal will be notified and will exert its effects. The Central Electoral Board is composed of eight judges of the Supreme chosen by lot, and five faculty appointed by the parties represented in the Congress. Of the six discrepant, there are three judges and three other academics.
According to legal sources, the removal of the Round is now in the hands of the Parlament of Catalonia, of most independence. The agreement of the maximum electoral authority is appealed to the Third court (Contentious-Administrative) of the Supreme Court, although the appeal does not suspend necessarily the executive character of the agreement. However, if the defense of Torra requests to the Supreme the suspension of the execution of the agreement, the court could arrange it as a precautionary measure to avoid irreparable damage, according to legal sources.
The decision of the Central Electoral Board cancels an agreement of the Provincial Electoral Board of Barcelona for the night of christmas Eve past by rejecting the cessation fulminant of Torra as deputy autonomous, dismissing the petition of the right-wing parties. The agreement of the maximum electoral authority ordered the Board of barcelona that “declare the vacancy as a deputy in the Parliament of Catalonia, for the constituency of Barcelona”, of Torra.
The Board’s own Election of Barcelona, in the report which has now cancelled the central board, argued that, “the loss of status of member of is associated with the loss of status of president under the provisions of article 67.2 of the Estatut”. The defense of Torra holds that the Statute of Autonomy, what that requires is that the president of the Generalitat is “elected” by the Parliament among its members, but that this condition no longer carrying once appointed head of the Executive, so that the loss of the status of deputy does not entail his departure from the Palau de la Generalitat.
Torra was sentenced on December 19, passed by the high Court of Justice of Catalonia for refusing to remove a sign in favor of the political prisoners by the process pro-independence Catalan from the balcony of the Palau de la Generalitat during the campaign for the municipal elections of the 26th of may. The Organic Law from General Electoral Regime (Goel) states that they are “ineligible” persons convicted by the judgment not final for crimes against the public Administration, the chapter in which is inserted the crime of disobedience. According to the same Goel to ineligibility, moreover, entails the incompatibility, that is to say, the impediment or statutory prohibition to exercise a public function to be determined.
