• Politics.Aragonès suspects that after the decision of the TSJC there is a "State operation" to favor Illa

For the public interest and to avoid a provisional nature that could affect the functioning of the institutions.

These are the main arguments used by the Superior Court of Justice of Catalonia (TSJC) to keep the date of the regional elections for February 14 when estimating the precautionary measure presented by in various appeals against the Government decree that annulled this date and postponed the elections for the end of May due to the health crisis caused by the coronavirus.

However, the TSJC leaves a door open to the suspension of this date if there is an increase in mobility restrictions due to the pandemic, a decision that would be up to the State.

"This does not mean that there cannot be substantial changes between now and February 14, both in the regulatory norms of the state of alarm and in the health field, derived from the negative evolution of the epidemic, which could justify another decision by the authorities competent authorities adopted in accordance with the law, taking into account these new circumstances, "says the court.

Despite the fact that the TSJC must issue a final resolution on the merits of the appeals, in its order it establishes that at the moment it maintains the February date since "if the electoral procedure does not continue, elections will no longer be possible" on the 14th at least. that "this resource (and others like it) will lose their purpose."

"In order to adopt this decision, it has been assessed that there is a very intense public interest in holding the suspended elections, because if they are not held, a prolonged period of provisionality opens that affects the normal functioning of democratic institutions," says the TSJC that has the decision was taken by a majority of the seven magistrates, only one of them had cast an unfavorable vote.

To continue with the planned electoral calendar, the court recalls that the decision affects the fundamental right to active and passive suffrage, or the right to vote, the suspension of which is not foreseen in the state regulatory framework of the state of alarm.

They even point out that the holding of elections is expressly allowed during the state of alarm.

The TSJC also details that current health measures do not limit travel for non-essential activities, as well as the effective implementation of preventive measures by the administrations with jurisdiction in health and electoral matters.

Finally, remember that February 8 will be when it is decided definitively whether or not to maintain the postponement, so for the moment the electoral process of 14-F should be continued as normal.

"This decision does not imply that the court forces to vote irreversibly on February 14, 2021, nor is the court who has set this date" they recall and add that the TSJC maintains the date on which the competent authority summoned them (Vice President of the Government ) in the resolution of December 21, 2020.

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Know more

  • Catalonia

  • Catalan Elections

Politics The High Court of Catalonia holds the elections on February 14 in a precautionary manner

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Politics Aragonès suspects that after the decision of the TSJC there is a "State operation" to favor Illa

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