Wednesday, May 25

The Constitutional Court agrees with the PSC and estimates that the Parliament could not veto Iceta as a senator

The table of the Parliament of Catalonia violated the rights of the PSC when it allowed the plenary session to reject the name of Miquel Iceta as a senator of autonomous designation, in May 2019. This is reflected in the ruling issued this Wednesday by the Constitutional Court and which responds to the appeal of amparo claimed by the political group after the episode, which meant that the then socialist leader could not access the Upper House, of which he planned to become president with the votes of the PSOE.

The magistrate Juan Antonio Xiol has been the rapporteur of a ruling that agrees with the appellants in that the problem resided in the type of voting used, since the table imposed an electronic election, in which the name of Iceta was offered and the deputies could vote yes, no or abstain, instead of using the ballot paper method, whereby deputies write down the name of the candidates there are. As on this occasion only Iceta appeared, the current Minister of Culture would have been chosen for sure.

Thus, the ruling understands that “given the specific circumstances of the case”, the use of the electronic voting system could “block” the appointment, which went against the fundamental right to political participation that the group attended. The judges understand instead that a ballot vote would have been respectful of that right.

“The Table should have opted for a voting procedure that, without restricting the power of the Assembly to vote or not for the proposed candidate, eligible by a simple majority, would prevent a blocking majority from being constituted, protected by the possibility of formulating a negative vote. without any alternative”, they assure.

The episode that is now being resolved in the Constitutional Court began in May 2019, when after the elections the PSOE had a majority in the Senate and had to choose the new Chamber table. The then acting President of the Government, Pedro Sánchez, chose Iceta to take over the reins of the presidency, for which a replacement was devised that meant that the former president and senator by regional designation José Montilla would leave his seat and take over Iceta . However, the Parliament aborted that movement when the majority of the House voted against the head of the PSC and prevented him from becoming a senator. The Socialists then denounced a violation of rights that the TC now confirms.