For now, the Supreme Court is upholding the removal of the seat of former Speaker of the Parliament of Catalonia, Laura Borràs, ordered by the Central Electoral Committee (JEC) last week. The disputed administrative chamber has rejected the very precautionary suspension of the JEC agreement requested by Borrás, which annulled her mandate as parliamentarian MPs, on the grounds of ineligibility for hacking contracts, following her criminal conviction by the Supreme Court of Catalonia. According to the Supreme Court, Borrás’ brief offers “no argument” to justify the urgency that requires a very precautionary suspension, in this case without hearing the Electoral Board.
“In her detailed pleading, the complainant sets out the constitutional relevance of the violations of the contested agreement that she alleges; However, with respect to this extraordinary precautionary incident, there is no justification for his claims in relation to the items stating his finding that we have disclosed. That is, no argument is put forward to justify the reason of urgency (…) for the dismissal,” the court noted.
The electoral body decided to strip the Junts leader’s seat due to the Supreme Court of Catalonia’s sentencing to 4.5 years in prison and 13 years disqualification for subterfuge and falsehood over unlawful contract cuts during his tenure as head of the Institution of Catalan Literature (ILC) . Borràs has appealed the evictions to the Supreme Court, requesting that the court urgently paralyze the JEC agreement. That was rejected by the Administrative Disputes Chamber on Monday, which in the same order agrees to open an ordinary precautionary incident, meaning the court will question all parties before making a decision on whether to suspend the agreement or not not electoral body while it decides the matter (if the withdrawal of the mandate is in accordance with the law). The court has given the electoral board and the prosecutor’s office a joint deadline of 3 p.m. on Friday, May 12 to make allegations.
The same agreement by the JEC was also challenged by the Parliament of Catalonia, but its legal representatives did not request the very precautionary suspension, only the ordinary precautionary one, and the Supreme Court has given the Central Electoral Committee ten days to make allegations before it a put forward decision. Parliamentary opposition to the withdrawal of the junts’ leader’s seat has drawn criticism from non-independence parties, including the PSC, which sees a “delaying tactic” by the pro-independence movement in no longer deciding on the camera president’s replacement.
The JEC agreement not only orders the cancellation of Borràs’ deputy accreditation card, but also the declaration of his vacancy and the issuance of the accreditation card to the next Junts candidate, in this case Antoni Castellà.
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