The Central Electoral Board (JEC) plans to study next week, at its meeting on Friday, January 3, the writings presented by the PP and Citizens asking that the MEP Act to the president of ERC, Oriol Junqueras, not be granted be sentenced by final judgment, as confirmed by Europa Press sources of the arbitration body.
While in provisional detention and in full trial of the 'procés', Junqueras got his seat in May in the European elections, but the JEC could not issue his credential in June because the Supreme Court denied him permission to complete the procedure required by Spanish legislation , which is swearing or promising the Constitution before the Board.
The recent ruling of the Court of Justice of the European Union before the consultation that the Supreme Court had directed him has changed things because the community institution understands that the MEP is already it since he is elected, without any formal national procedure can condition the obtaining of the seat.
BEFORE THE SUPREME TALKS
While the Supreme Court is studying how to apply that sentence, both the PP and Citizens rushed to request the JEC on the 23rd not to grant the credential to Junqueras because he is no longer a prisoner awaiting trial, but is a convicted person by a final sentence disqualification, as the High Court ruled in the 'procés' judgment.
Both the PP and Citizens understand that the conviction of imprisonment and disqualification issued by the Supreme Court, which is already firm, is "a cause of inevitable ineligibility" for Junqueras that prevents him from holding a public or parliamentary office, so he cannot receive the MEP credential and thus must be communicated to the European Parliament.
"Junqueras cannot have a MEP record," the PP secretary general Teodoro García Egea said last Monday, recalling that a regulatory change a few years ago determined that the Central Electoral Board "can act to take the seat of a person convicted of disabling. "
Citizens even anticipates the decision and asks the JEC to run the list of the Now Republics coalition for which ERC was presented along with Bildu and BNG, among other parties. If so, the seat would pass to Jordi Solé i Ferran, also of ERC, who was number four of that candidacy.
As usual in these cases, before making a decision, the Electoral Board has given a period of time to those affected, in this case Esquerra and Junqueras himself, to present their allegations on the writings of PP and Citizens.
AND ALSO, THE QUIM TORRA SCAN
The next day 3 meeting will also reach the case of Quim Torra, sentenced to disqualification by the Superior Court of Justice of Catalonia (TSJC) for his disobedience before the JEC resolutions that required him to maintain neutrality in the electoral periods and withdraw independence propaganda like yellow ties.
The PP and Citizens already asked the Electoral Board of Barcelona, in compliance with that ruling, the seat of deputy of the Parliament, which would entail the abandonment of the Presidency of the Generalitat be taken from Torra since the Statute demands to be deputy as condition for the position.
The Electoral Board of Barcelona rejected both requests, but the PP and Cs already announced that they would resort to the JEC to try again, so the issue will also be seen on day 3 in the highest arbitration body.