The Central Electoral Board (JEC) focuses on Laura Borràs. The electoral body has asked the president of the Parliament to justify the decision of the Chamber not to remove the seat from CUP deputy Pau Juvillà until the Supreme Court confirms the six-month disqualification penalty for ignoring the order to remove four yellow ties.
Borràs prepares for the clash with the Electoral Board for the seat of the disqualified deputy of the CUP
The JEC had on its table this Wednesday the request of PP, Ciudadanos and VOX to immediately withdraw the seat of Juvillà. In fact, the JEC did so a year ago, when it accepted the appeal of the right and the extreme right and left former president Quim Torra without a seat. On that occasion, the JEC did not request the opinion of the Parliament, but revoked the agreement of the Electoral Board of Barcelona, in favor of disabling Torra only when the Supreme Court had confirmed his sentence for the ties.
Now the JEC avoids leaving Pau Juvillà without a deputy certificate immediately and instead agrees to give Borràs ten days to communicate “the decisions, resolutions or any other measures” that the Parliament has taken in relation to the minutes of the parliamentarian of the CUP. The entity also grants Borràs the option to present allegations before making a decision on the seat of the ‘cupaire’.
The position of the Parliament on the Juvillà seat is public and notorious: the Catalan Chamber, with the support of independentistas, PSC and ‘comuns’, considered last week that the Parliament’s regulations should prevail and that Juvillà should not leave its seat until that there was a final judgment from the Supreme Court.
The Parliament thus tries to shield the Juvillà seat before a decision of the Electoral Board that forces the Catalan Chamber and Borràs to execute the withdrawal of their act of deputy. If the JEC finally vacates the Juvillà seat, Borràs will be more exposed to a new criminal action for disobedience if he refuses. His predecessor, Republican Roger Torrent, wanted to avoid the prosecution’s complaint at all costs and declared Torra’s seat vacant, which earned him bitter reproaches from Junts per Catalunya.
While waiting for Borràs’ response, if the JEC applies the doctrine imposed on Torra in Juvillà, the conflict will be confirmed again by an autonomous body made up of eight Supreme Court magistrates and five members chosen by the political parties, and the Parliament voted by the Catalans due to two opposing interpretations of when a deputy should be deprived of his condition.
For the JEC, in the case of Torra – analogous to that of Juvillà – article 6.2 of the Electoral Law (LOREG) prevailed, which considers ineligible those sentenced to disqualification by sentence, even if it is not final, for crimes of rebellion, of terrorism, against the Institutions of the State or against the Public Administration. Juvillà’s disobedience is framed in the latter case. On the other hand, for the Parliament, the interpretation of the JEC is expansive and the right to political representation of Juvillà must be prioritized until the Supreme Court permanently disables it with a final judgment.