Posted: Tuesday January 19 2021 12:29 PM
The High Court of Justice of Catalonia has considered the precautionary measures requested by some parties to avoid the delay in calling the Catalan elections on May 30.
Thus, the Tribunal canceled the elections of May 30 and the date remains February 14.
This is a precautionary annulment until the merits of the case are decided, as it is considered that the decision to hold the elections on May 30 could harm the appellants. The TSJCat could still approve the current decree and bring it back at the end of May, but that would be once it gets to the bottom of the issue.
Of the five lawsuits filed against the decision of the main parties in parliament to delay the elections, only two required the most cautious. The others require precautionary measures, which is why a report is requested from the Generalitat and the prosecutor’s office to present their allegations before Thursday at 10 a.m.
According to the order of the TSJCat, the High Regional Court considers the measures to be extremely conservatory since “the appeal would lose its object if the suspension of the contested decree was not decreed, because the protective protection that could be granted would be illusory, given the impossibility to follow up with the treatment of the electoral process in the terms established in the organic legislation. “In other words, if the appointment is not suspended now and the appointment is maintained on February 14, if the resources were estimated a posteriori, it would be too late and the deadlines for holding the elections in February could not be met.
Critique of the judicial decision
The chairman of the JXCat parliamentary group, Albert Batet, criticized the court decision via Twitter: “We started the legislature in the hands of justice and 155, we ended the legislature in the hands of justice and 155. The question is : Will they respect and will we respect the results of the next elections and the sovereignty of the Catalan institutions? “
Former President Quim Torra, dismissed from office for disobedience, used the same social network to affirm that “the TSJC continues to persist in governing Catalonia outside the ballot box, democracy, fundamental rights and will of its citizens. To our shame, once again. “
According to ERC sources at LaSexta, they consider that this postponement decision is a “hidden 155” and that their party pleads for them to be detained in the most optimal sanitary conditions.
Ciudadanos candidate Carlos Carrizosa also criticized the decision: “It is very obvious that the elections must be held in conditions where citizens can vote in peace. The priority is to save lives.”
More energetic was En Comú Podem’s candidate, Jessica Albiach: << Incomprehensible decision of the TSJC. The government of JxCat and ERC has not done its job well, but the postponement is common sense with the collapse of intensive care units and people who will not be able to vote. "
The Illa effect
According to PSC sources in LaSexta, they already knew the serious legal doubts implied by the postponement of the elections to May 30, because the call to 14-F was automatic as the groups could not find a successor to Quim Torra. .
PSC first secretary Miquel Iceta told LaSexta that they must respect the decision and that we will have to wait for the final resolution, but that “the government must continue with the electoral preparations. Things have to be done right and adjusted for legality. “
In addition, Iceta has ruled out that La Moncloa is behind this resource to reinforce the “Illa effect” that some surveys show. “If the PSC had wanted to appeal, it would have done so,” he insisted, stressing that the PSC will refrain from submitting future appeals.
Sources from La Moncloa to LaSexta admit that the decision is “logical”, since the Generalitat’s decree was taken by the hair. From the PSOE, they hope that this decision is “the beginning of the end” of the independence “cacicada”.
The PP also spoke in favor of the postponement. Its candidate, Alejandro Fernández, assured his “absolute respect for the measures taken by the courts with regard to the elections in Catalonia. The rule of law is exactly that”.