Politics: Judicial blow to the electoral plan of the Government
The Prosecutor's Office of Catalonia is in favor of the precautionary measure ruled by the Superior Court of Justice of Catalonia (TSJC) to maintain February 14 as the electoral date while the annulment of the Government decree that postponed these elections to May 30 is studied.
The court awaits the allegations of all the parties before deducing whether it maintains the suspension of the Government decree that established the electoral date four months from now.
The Public Ministry considers that for the time being its allegations should be limited, "solely and exclusively to the origin of the precautionary measure, without it being necessary to address substantive issues that, by their very nature, will have to be analyzed at the appropriate procedural moment. , in the main piece of procedure ".
For this reason, it recalls that the precautionary measure must be authorized "when the execution of the act or the application of the provision could make the appeal lose its legitimate purpose."
In this sense, they detail that "if the legal effectiveness of the appealed resolution is not suspended, the duration of the judicial procedure leading to the decision on the merits" could "lead, with great probability, if not full security, to make the holding of the elections on the indicated date (February 14), in accordance with the provisions of the Decree of dissolution of the Parliament and electoral announcement of December 21, so that the appeals filed against the resolution that postpones the electoral date would lose their purpose ".
The prosecutor believes that lifting the precautionary measure agreed to annul the May date "would de facto, if adopted at the present time, be equivalent to an anticipation of the ruling (dismissal), since the untimely estimation of the challenge would not allow its execution effective, irremediably consolidating the eventual violation of the legal system and, where appropriate, the violation of the fundamental rights invoked by the appellants. "
"On the contrary, the postponement foreseen for May 30, or even the possibility of successive postponements that could derive from the prolongation or subsequent reproduction of the justifying circumstances that are exposed in the contested resolution, in case of being admitted as a suitable legal basis for their validity and effectiveness - with the appeal dismissed - by the Court, they would not necessarily be affected by the processing of the legal proceedings initiated, if they proceed normally in the terms and deadlines provided "by the regulations.
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