• Courts: The High Court of Catalonia holds the elections on February 14 in a precautionary manner

No surprises.

The fifth section of the contentious-administrative chamber of the Superior Court of Justice of Catalonia (TSJC) agreed to annul the decree that suspended the elections called for February 14.

Thus, it estimates the appeal filed by various parties and entities.

In this way, the elections to the Parliament will be held on the date initially set by the Generaliitat and the postponement of the Government at the end of May due to the health crisis is nullified.

The court, which met urgently after receiving the briefs from all the parties ahead of schedule, indicates that its decision, agreed by a majority, will be issued and notified on Monday, February 1, thus bringing forward one week to the initial agreed date. to issue the ruling.

In addition, the TSJC records the "procedural good faith of the parties given that, their agility in the presentation of briefs, has allowed reaching a resolution in the shortest time."

The judicial decision admits an appeal before the contentious chamber of the Supreme Court, although it would not be suspensive from the execution of the decision adopted and would not affect the maintenance of the electoral call for February 14.

One of the writings that the TSJC took into account was that of the Superior Prosecutor's Office of Catalonia, which took a position against the Generalitat decree that postponed the elections until the end of May due to the health crisis derived from the coronavirus.

In its brief before the court, the Public Ministry considers that "the current situation of pandemic and health crisis, pre-existing, as has been said both in the electoral call and in its subsequent suspension and postponement, as stated in the health reports provided by the autonomic administration, it is the same one that pre-existed on the date of the initial call ".

That is why they emphasize that the only novelty is "a significant increase in the number of infections typical of the high variability of the pandemic which, as the repeated court order indicates, was notoriously predictable at the time elections were called."

The Prosecutor's Office details that the health reports of the Generalitat already state that the "risk situation" on election day can "be prevented by adopting and executing different prophylactic measures to prevent contagion" such as safety distances, use of masks , gels, gloves and face shields.

Thus, the prosecutor urges the administration to adopt them so that voting can be done along with taking the temperature of polling station members and voters, pre-established voting hours for voters in vulnerable situations.

safety distance, installation of ventilation devices or promotion of vote by mail among others.

In addition, the Prosecutor's Office considers that the situation of electoral postponement in Catalonia is not comparable to that of Galicia and the Basque Country last year since they had to be postponed as they were in a state of alarm and with total restriction of mobility.

It also points out that the electoral regulations do not contemplate the possibility of suspending or postponing elections that have been called and that the competence to call the elections corresponds to the president of the Generalitat but does not have to postpone them.

The prosecutor's report indicates that failure to comply with these electoral regulations and the Statute would generate a "legal and institutional abnormality" that can be prolonged "indeterminately."

He adds that if there is a "superior interest" that forces to suspend the elections because they are unviable in the face of the health situation, it would be necessary to give it a "normative coverage", articulating "in accordance with the Constitution and the laws the exceptional measures that may be essential."

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  • Catalonia

  • Galicia

  • Basque Country

  • Infectious diseases

  • Politics

  • Catalan Elections

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