The
Constitutional Court
has rejected by six votes to two the appeal of the former president of the Parliament
Carme Forcadell
against the sentence that sentenced her for her participation in the
process
to a sentence of 11 years and six months in prison and absolute disqualification for a crime of sedition.
According to legal sources, the court of guarantees, in a sentence presented by magistrate
Ricardo Enríquez,
rejects that the Supreme Court violated her fundamental rights when it condemned her for putting the Parliament at the service of the independence challenge.
The main novelty of the ruling is that Forcadell argued before the TC that parliamentary inviolability constituted a guarantee of preservation from the judiciary.
The former president of the Parliament, pardoned by the Government of Pedro Sánchez, maintained that the autonomy of the chamber was eliminated.
However, the High Court rules out, among other issues, that the action of the plaintiff is protected by the prerogative of inviolability (contained in article 57.1 Statute of Autonomy of Catalonia), which cannot protect actions of the Chamber or its Bodies that are the expression of a mere factual power, completely outside the Law and the exercise of the functions that are constitutionally and statutorily entrusted.
The presentation of the majority has had the particular votes of the progressive magistrates
Juan Antonio Xiol
and
María Luisa Balaguer
who appreciate disproportionality in the penalty imposed by the Second Chamber.
Judges
Antonio Narváez
and
Cándido Conde-Pumpido
have not participated in the plenary session,
as they have withdrawn from the issues related to the Catalan independence challenge.
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