• Report of the lawyers Meritxell Batet maneuvers so that Congress does not remove Alberto Rodríguez's seat despite the Supreme Court's condemnation

  • Courts The former secretary of the Podemos Organization Alberto Rodríguez must leave his seat after being convicted by the Supreme Court

Alberto Rodríguez, a member of the United We Can, condemned by the Supreme Court to a month and a half in prison and an accessory penalty of special disqualification for attacking authority by kicking a police officer, will be able to remain in his seat in Congress thanks to the vote of the PSOE at the Chamber Table and the decision of President Meritxell Batet not to request a report on the matter from the Electoral Board. A decision to which the three opposition parties, PP, Citizens and Vox, are rebelling, willing to complain to the JEC and to the Supreme Prosecutor's Office

The Socialists have joined their government partner, United We Can, in the governing body of Congress to amend, relying on a report from the House lawyers, the court ruling and obviating, in the opinion of the opposition, the literality of the Organic Law of General Electoral Regime that establishes in its article 6.2 the ineligibility of those sentenced by final sentence, to custodial sentence, in the period that the sentence lasts.

The lawyers, and with them PSOE, United We Can and their parliamentary allies defend that Rodríguez has served the prison sentence by having paid the fine of 540 euros that the Supreme Court established as a substitute penalty for it and, consequently, can retain his I seat as representative of the national sovereignty.

This is an interpretation that PP, Citizens and Vox openly disagree with, three forces that have decided to claim the Electoral Board because they understand that this is the maximum interpreter of the Loreg and that its criteria, consequently, must be the first to be taken consider. In addition, Ciudadanos and PP also urge the Office of the Supreme Prosecutor to open an incident of execution of the sentence so that the court can rule on whether it considers that what it has dictated has been well complied with.

Citizens, through the mouth of its spokesman in Congress, Edmundo Bal, has accused the PSOE of lending itself to use a double yardstick with one or the other depending on what interests Pedro Sánchez to stay in power.

In his opinion, the socialist maneuver protecting Alberto Rodríguez is nothing more than "a scam to provide refuge in Congress for convicted politicians."

Bal maintains that the Supreme Court "for the purpose of execution" substitutes the jail for a fine, but this "does not imply annulling the sentence" in itself.

And to this he adds that what is not suspended is the accessory penalty of special disqualification for the exercise of passive suffrage.

The PP for its part has submitted a letter to the Electoral Board asking it to rule on the issue.

The popular also consider that the Electoral Law is clear and any custodial sentence implies the immediate loss of the act of deputy.

Vox has also demanded that the Board declare the "ineligibility" of the deputy of United We Can based on the Electoral Law and withdraw the deputy credential so that the final sentence against him becomes effective

Sources from the Central Electoral Board assure that there is debate among its members: some opt for a rigorous interpretation of the norm and others, for making an exception in pursuit of proportionality.

The parliamentary forces allied to the Government - independentists and minorities on the left - that do support the permanence of Rodríguez in his seat, congratulate themselves that this decision amends one of the consequences that they understand to be the most pernicious of the so-called Gag law.

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Know more

  • Citizens

  • United we can

  • Vox

  • PSOE

  • PP

  • Alberto Rodriguez Rodriguez

  • Meritxell Batet

  • Edmundo bal

  • Pedro Sanchez

  • Gag Law

  • Parental pin

  • Justice

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