The Central Electoral Board says that Quim Torra can continue as & apos; president & apos; if so agreed by the Parliament

Quim Torra can continue as president of the Generalitat if so decided by the Parliament. This is stated by the Central Electoral Board (JEC) in the full resolution on the disqualification of Torra, whose operative part notified last Friday. In the entire document, with all the legal reasoning and the individual votes, the Board emphasizes that its decision is limited to withdrawing the status of deputy to Torra, without assessing the impact that this may have on his status as regional president.

In the resolution revoked by the JEC, the Electoral Board of Barcelona did take into account the possible dismissal of Torra as president to refuse to withdraw the deputy minutes. The JEC criticizes it: "It was not up to [the Provincial Board] to examine, and less to modulate and even condition its decision, whether or not this would result in the loss of the status of President of the Generalitat of Catalonia under the article 67.2 of the Statute ". And he states: "That will be an effect that must be analyzed by the competent bodies of the Parliament of Catalonia when the loss of the status of elected Deputy is notified."

Thus, the status of president will only depend on the interpretation that the Parliament wants to give to the article of the Statute that states: "The President or President of the Generalitat is elected by the Parliament from among its members." Faced with the interpretation that, since he is no longer a deputy, he cannot be president, other legal sources consider that he can remain in office because that article only requires deputy status at the time of his election.

Regarding the justification for withdrawing the status of parliamentarian, the seven signatories of the agreement - six members of the JEC opposed the disqualification - affirm that the Board is competent to apply those provided in the electoral law for the convicted, even if it is not in firm, for crimes against the Public Administration. And he reproaches the Board of Barcelona for claiming that the crime of disobedience for which a year and a half of disqualification was imposed on Torra was a crime of little seriousness. The JEC emphasizes that the law does not differentiate between serious or less serious crimes to declare the incompatibility of the convicted public office.

The majority of the JEC considers that the fact that there is no precedent for having withdrawn the act of regional deputies - there was only a doctrine on local charges - does not prevent a decision on a matter on which it is competent. And it emphasizes that the Board is the one that must apply the Organic Law of General Electoral Regime, which applies to all electoral processes -including Catalan regional ones- and throughout Spain.

The agreement of the Electoral Board has the joint private vote of the magistrates of the Supreme Court Antonio Sempere , María Luz García Paredes and José Luis Seone together with that of the professors Inés Olaizola, Consuelo Ramón and Juan Montabes . In the aforementioned vote, these jurists argue that the body responsible for ensuring neutrality in the elections was not competent to disable Torra as an autonomous deputy since LOREG does not attribute as a specific function to the Board "the termination of a deputy from a parliament, whether state or autonomous, as a result of the commission of a crime of Public Administrations, once it has taken office. "

The six members criticize that the agreement approved by a meager majority is about "aquilatar" the scope of article 6.2.b of the Electoral Law - on the ineligibility of those convicted of crimes against the Public Administration without a final sentence - "with the mandate de Torra "although for this" it is essential to adopt interpretative decisions on the electoral legislation "that cannot be constituted as an" argument to attribute competence for this to the Electoral Administration ".

In the particular vote it is further stressed that in the case of Quim Torra it is not a valid reason to agree to his cessation to defend that the Regulations of the Catalan Chamber do not contemplate the same. "The circumstance that the assumption that concerns us is expressly contemplated in a state law such as LOREG, applicable throughout the national territory, and not expressly contemplated in the Regulation of the Parliament of Catalonia, does not mean that the termination, by The incompatibility of one of its deputies due to a not firm conviction for a crime against the Public Administration, is the responsibility of the electoral boards, "underline the dissenting members.

However, these six members of the JEC admit that "there is no pronouncement of said body that can be invoked as a true precedent" to that of the president of the Generalitat.

According to the criteria of The Trust Project

• Spain
• Quim Torra
• Catalan Elections
• Catalonia independence

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