The Prosecutor's Office asks to keep the Catalan elections on February 14 because the Government does not have "legal support" to postpone them
The Prosecutor's Office has asked the Superior Court of Justice of Catalonia (TSJC) to keep the elections for next February 14 because the decree of the Government that postponed the elections has no "legal support" either in the Statute or in the electoral law. The court has been given until February 8 to definitively decide if the elections are held on February 14, although it will foreseeably not exhaust this period to confirm that the elections will be on the date originally scheduled.
In its report, the Public Ministry emphasizes that the Government does not have "legal support" to postpone the elections, a circumstance that neither the Statute nor the electoral law foresee, therefore the decree of the Generalitat that announced the elections for 30 May "is orphan of any reference to any legal norm that provides coverage" -
The magistrates of the Administrative Litigation Chamber of the TSJC they held the elections last Friday on the scheduled date and they rejected the health and political reasons adduced by the Government to postpone the elections to May 30. Although the magistrates addressed substantive issues and concluded that the 14F should be maintained unless a home confinement was decreed due to to the "very intense public interest" of not extending the provisional nature of a functioning Government, formally they only kept the elections as a precautionary measure.
Before issuing the final sentence, the judges gave the six extra-parliamentary parties and individuals that appealed the decree of the Government until this Thursday to provide their arguments in favor of maintaining the 14F, and then asked the Prosecutor's Office and the Generalitat to inform about it.