The ERC leader, Oriol Junqueras, has asked the Central Electoral Board (JEC) not to execute the resolution that prevents him from being MEP, since he will appeal it to the Supreme Court, where he will request his very cautious suspension when he considers that he violates his fundamental rights and politicians.
This is what Junqueras says in a letter, to which Efe has had access, sent to the JEC, after this body declared last January 3 the loss of its status as a European parliamentarian, claiming that the Organic Electoral Law (LOREG) provides that “those sentenced to imprisonment” are ineligible “in the period that the sentence lasts.”
Junqueras, who is serving the 13-year sentence for sedition and embezzlement imposed by the Supreme in the trial of the dome of the ‘procés’, asks the JEC that, while the high court resolves the appeal that will be brought against its resolution, refrain from performing any act of executing it.
According to the Republican leader, the resolution agreed by the JEC last Friday, January 3, to withdraw the status of MEP, violates his fundamental and political rights.
For this reason, Junqueras communicates to the JEC its “firm intention” to file a contentious-administrative appeal before the Third Chamber of the Supreme Court, which will request as a precautionary measure the suspension of the decision of the electoral arbitrator.
The JEC resolution on Junqueras came once the Court of Justice of the European Union (CJEU) had determined that the ERC leader should have been recognized as a MEP and had enjoyed immunity after the European elections last May, when he had not yet been condemned by the Supreme.
Like Junqueras, the president of the Generalitat, Quim Torra, also announced yesterday that he would appeal before the contentious-administrative chamber of the Supreme Court the resolution of the JEC that orders to withdraw the act of deputy in the Parliament, which in practice would bring his disqualification as president.
In the case of Torra, the JEC argued that a sentence of one year and a half of disqualification for disobedience by the Superior Court of Justice of Catalonia (TSJC) weighs on it for not withdrawing the yellow ties of public buildings in time electoral, although the sentence is not firm since it is pending appeal before the criminal court of the Supreme.