Fri. Apr 26th, 2019

The TC denies the request of Cs to suspend the delegation of votes of the defendants of the "procés"

El TC deniega la petición de Cs de suspender la delegación de votos de los acusados del “procés”



The constitutional Court he has denied Citizens' request for lay off the delegation of votes in the Parlament de Catalunya of deputies who are being judged by the independence process while resolving the appeal of this party against the agreements of the Chamber that allow it.

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In a car the Plenary of the Constitutional Court (TC) resolves unanimously to deny this provisional suspension requested by Citizens in the appeal for protection that this party filed against several agreements adopted last year by the Parliament.


Rights

Junqueras, Turull, Romeva, Rull and Sànchez maintain their right to delegate votes






The Plenary of the Parlament agreed that while the current legal situation lasts the rights of parliamentarians Oriol Junqueras, Jordi Turull, Raúl Romeva, Josep Rull and Jordi Sànchez -all of them judged by the Supreme Court in the case of the procés- may be exercised by the member of their parliamentary group that the interested parties designate.

Ciudadanos argues that the contested agreements are ordered to illegitimately allow the exercise of the right to vote in the various parliamentary bodies to deputies who are prosecuted and suspended.


TC

The measure has been adopted unanimously

The TC bases that the suspension requested by Citizens would suppose to anticipate the examination on the merits of the matter raised in the demand and to predetermine the solution of the appeal "without this being the opportune procedural moment to do it".

He concludes by stating that it must be by means of the judgment that decides on the merits in which the court decides whether the impugned agreements violate fundamental rights guaranteed in the Spanish Constitution or if, on the contrary, they comply with the constitutional requirements.

In two other cars the Plenary of the TC, also unanimously, filed the request made by Citizens and PP to suspend the parliamentary agreements to admit the delegation of the vote of Members Carles Puigdemont, president of Catalonia, and Antoni Comin, both in situation of fugitives from Spanish justice.

The TC explains that this request has lost its purpose because those voting delegations are no longer in force as has been certified by the Bureau of the Parliament of Catalonia.







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