• Courts The legal services of the Parliament qualify Torrent's disobedience: He processed a political proclamation

The Superior Court of Justice of Catalonia (TSJC) considers that there are "indications" that the former president of the Parliament and current Minister of Business, Roger Torrent, and the former members of the Board of the Catalan chamber of JxCat and ERC, Josep Costa , Eusebi Campdepadrós, current secretary of the Administration of Justice of the Generalitat, and Adriana Delgado, allegedly committed a crime of disobedience for having processed in November 2019 resolutions in favor of self-determination and rejection of the monarchy when the Constitutional Court had them discontinued.

In its order, the TSJC considers that after the investigation of the procedure there is a "set of evidence" that indicates that "there is a reasonable and sufficient appearance that the investigated and the investigated could have committed one or more crimes of serious disobedience", sanctioned with a fine of three to twelve months and special disqualification for employment or public office for a period of six months to two years, for allegedly refusing to comply with judicial decisions.

The court indicates that the investigated and the investigated, despite knowing Constitutional resolutions that suspended certain paragraphs of the parliamentary resolutions "for being manifestly contrary to the Constitution" while promoting the exercise of the right of self-determination and on the rejection of the monarchy , they decided to process it. And they did so allegedly in breach of "their legal duty to prevent or paralyze any initiative that involves ignoring or circumventing the mandates of the Constitutional Court and despite warnings to the same effect from various parliamentarians and from the Secretary General in voce, they manifestly disregarded what was ordered. by the High Court, admitting said proposals for processing ".

"With this they gave way to the return to take the form of a parliamentary resolution, with the appearance of legitimacy, a declaration of will with a content analogous to those already annulled by the Constitutional Court", in the same sense. The TSJC details that the Constitutional orders "were binding on the then president of the Chamber and other members of the Mesa." For this reason, he orders the accusations and defenses to present their writings and leaves Torrent and the rest of the defendants one step away from the bench, since both the Prosecutor's Office and Vox, which exercises the accusation, intend to propose a penalty against the defendants.

"The most advanced democracies are not only based on the principle of division of powers, but also on the commitment of their institutions to the rule of law, which obliges everyone without exception to submit to the rule of law and its formalities to modify it. In this context, due compliance with and compliance with judicial decisions is an essential prerequisite for the stability of the system, "says the TSJC.

It also recalls that "what is incidentally imputed to the investigated Torrent in his capacity as president of the Parliament of Catalonia and the other members of the investigated Table is to have allowed as responsible for the admission or inadmissibility of the proposals or parliamentary initiatives in the function qualification granted by Article 37 of the Chamber's Regulations, acting with contempt for constitutional legality and previously warned by the TC of their duty not to do so, even with the relevant criminal consequences, that a generic debate on the eventual independence of Catalonia (as has been erroneously asserted), but rather the admission for voting of proposals for parliamentary resolutions with legal significance similar to others previously and repeatedly annulled by the TC,which advocated the exercise of a constitutionally not recognized right of self-determination or the disapproval of the monarchy based on sovereignty and competence of the Parliament of Catalonia to adopt those decisions also rejected by the TC, and this regardless of the processes of revision of the constitutional framework that are fully admissible but that are not mentioned in any of the proposals admitted for processing nor are they deduced from their context ".and this regardless of the processes for reviewing the constitutional framework that are fully admissible but which are not mentioned in any of the proposals admitted for processing or are deduced from their context. "and this regardless of the processes for reviewing the constitutional framework that are fully admissible but which are not mentioned in any of the proposals admitted for processing or are deduced from their context. "

The court order also indicates that Torrent, Campdepadrós and Delgado "having known the text of the complaint filed, have given a statement as investigated, having been informed of the facts that are imputed to them and of their constitutional rights, of which they made use, denying to testify, except for the questions formulated by his lawyers "while Costa" refused to go voluntarily before this court, forcing his arrest and also refusing to give a statement once informed of the facts for which he was being investigated and of his constitutional rights ".

"According to the National Legal Deputy Secretary, Marta Castro, in the coming days, the lawyer Juan Cremades will formulate the accusation on behalf of Vox."

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