If there was a state power that diligently fulfilled its obligations in the wake of the independence insurrection in autumn 2017, it was Justice. Three years later, with the Generalitat still installed in contempt and with an accomplice government of the separatists, the rule of law continues to act before those who maintain their challenge to national sovereignty . The last two setbacks in the courts show the failure of the judicial strategy of independence. The ratification by the Provincial Electoral Board of Barcelona of the disqualification of Quim Torra for disobedience - after the Supreme Court rejected his precautionary suspension - and the withdrawal to Oriol Junqueras of the status of MEP in the European Parliament - thus abiding by the Supreme decision regarding the leader of ERC, sentenced to 13 years for sedition - constitutes a victory of the rule of law in a context in which the Government of Sanchez is inhibited by opportunism. To this is added the request for supplication issued to the European Parliament by Judge Llarena to suspend the immunity of Puigdemont and Comín.

After the Central Electoral Board (JEC) disqualified Torra, Adriana Lastra questioned the powers of this body and Alberto Garzón, future Minister of Consumer Affairs, accused the judiciary of the "reactionary arm" on the right. Now, however, the Government keeps an ominous silence that is due to the dependence of the PSOE-Podemos coalition of ERC . Hence it is inappropriate for Sánchez to push the Catalan president to a new meeting. Torra, despite the support received from the president of the Parliament, is no longer a deputy. The Electoral Board declared its seat vacant. Therefore, he cannot continue as an autonomous president . And, consequently, it should not be recognized as an institutional interlocutor by the President of the Government. Especially considering that Torra has already threatened to rebel despite the fact that the Supreme rejected the precautionary measures raised by Torra's defense to paralyze the procedure. If he failed to comply with the JEC agreement, Torra would again incur in disobedience.

In the case of Junqueras, Strasbourg admitted that he cannot be a deputy, thus amending the position adopted by the European Chamber on 19 December following the ruling of the Luxembourg Court on the new doctrine on immunity. Despite the constant attempt to overwhelm the legal framework, the rule of law is relentless in curbing the unilateralism of independence. The lacerating thing is that the Government, tied to Sánchez's partisan interests, has declined to fight this battle. The appointment of Juan Carlos Campo as Minister of Justice does not seem to correct this erratic course . On the contrary, Sánchez places him in this portfolio to assist in the strategy of relaxation with secessionism.

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  • Supreme Court
  • Alberto Garzón
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