Judge Pablo Llarena concluded on Tuesday instruction of procés endorsing indictment against six independent members and suspending m temporarily from ir duties. The magistrate is based on article 384 bis of Criminal Prosecution Act which states that those who are prosecuted for integrating or relating to "armed gangs or terrorist or rebel individuals" will automatically be suspended from ir public office As long as prison lasts. The debarment was already announced since Llarena processed m by rebellion, but not his suggestion to Parliament that those affected can be supplied with "full but temporary form" by or members of ir lists. The formula has irritated independence by stigmatizing it of more interference and has unleashed a debate between jurists who agree that judge has invented a non-existent route and also disagree on its application.More information
- Llarena closes summary of ' procés ' and suspends as deputies to Puigdemont and Junqueras
The lawyers of Carles Puigdemont, Jordi Turull, Josep Rull, Jordi Sànchez, Raül Romeva and Oriol Junqueras, owners of ir seats, will surely present appeal against judge of supreme's car. But Parliament's table will predictably address today conflict. President Roger Torrent stresses that chamber will study mechanism to act against its effects. "This resolution is not firm and we will analyse it. You're trying to adulterate majorities. The deputies are not condemned and are in prison or exile for non-existent offence accusing m a false account that attributed to m a violence that never existed. "
Parliament has no legal protection to apply judge's suggestion. The Electoral law and rules of procedure should be reformed, says Presno Linera, professor at University of Oviedo
Llarena justifies its decision against deputies for "exceptional threat" that "this criminal activity" entails for rule of law, but at same time admits that temporary suspension cannot behave that Junts per Catalunya and Esquerra (66 of 135 deputies) They have to lose ir majority. That is why it proposes temporary substitution "if that decision were to be contemplated in Parliament". What happens is that this possibility does not exist in legal system. The Rules of procedure of House stipulate that parliamentarians, after report of Committee on Statute of Member, will be suspended if car is firm or re is an opening of oral judgement or if re is a firm judgement and plenary is agreed by an absolute majority. If it's corruption, bureau suspends congressman immediately.The loss of status of Deputy
Article 24 of Parliament's Rules of Procedure stipulates that in order to lose status of member, some of se causes must be. Among m, processing car is not included in m.
A) for resignation presented at Parliament's table.
For a firm court ruling that nullifies your election or proclamation.
C. Death or disability declared by a firm court ruling.
(d) By termination of mandate, at expiration of its term or termination of legislature.
For conviction of a penalty of debarment imposed by a firm court ruling.
The point is that "temporary suspension" is not envisaged in Constitution. "He does not contemplate it but does not forbid it," says Miguel Presno Linera, professor of constitutional law at University of Oviedo. The jurist argues that bureau lacks "legal protection" to apply alternative of Llarena to run list. "To do so, electoral law and Parliament's rules of procedure should be reformed," he says. Co-author with Carlos Ortega from book temporary substitution of political representatives, Presno Linera points out that or countries have regulated those temporary suspensions due to long-term causes that go beyond "punctual impossibilities or Overcomings. " That's why you think you should regulate how to make a possible list bleed to not alter majority of camera.
"If law provides for a suspension, re must be an envisaged solution", warns Algeria Queralt, of University of Barcelona
Algeria Queralt, professor of constitutional law at University of Barcelona, shows, at entrance, his doubts that six deputies are guilty of a crime of rebellion and warns that without being condemned y are injured ir fundamental right to Political participation in addition to putting at stake current parliamentary majority. "If law provides for a suspension, re has to be a planned solution. Its consequences are not resolved. Ultimately it is Parlament that must determine it. It would be least harmful for political rights of defendants and for integrity of house, "he says. "A temporary substitution would not alter majority."
The judge has applied law in a very arbitrary way. They are neir terrorists nor rebels, "said lawyer Lluis Mestres
Lluís Mestres, a member of Ans Association, who has filed a complaint against malpractice of General Council of Judiciary, considers that Llarena has been overlooked and cannot tell Parlament what to do because it has power to govern itself. "The judge has applied article of Criminal Prosecution Act in a very arbitrary manner. They are neir terrorists nor belong to armed gangs or rebels because y are in prison and located. The car has Olympic-skipped article, "he says. Mestres says that Parliament should wait for resources and decide. Presno and Queralt agree that Torrent may incur a crime if he ignores requirement of judge and deputies continue to vote but Mestres points out that it is not in that predicament. "First, because judge only makes a suggestion and judges are not ones to do m; and secondly, because to give that criminal type, a personal requirement is required after it has not been complied with. That's what happened with Carme Forcadell or Anna Gabriel and for now, let it be known, that hasn't happened. "
The judge has invented in car with temporary suspension but is a proportional measure and does a favor to defendants, "says Ruiz Robledo, of University of Granada
In face of this vision, Agustín Ruiz Robledo, professor of constitutional law at University of Granada, argues that judge has applied article 384 in an "unappealable" manner. "They are right that only terrorists had been concerned, but it is that so far re had been no rebellion. If re is a crime, it has its consequences, "sentence. The professor admits that proposal of temporary suspension is an "invention" of LLarena but with a "good aim": that affected ones do not lose definitively ir condition of deputies in case in end y absolve m or y are condemned by anor offence and so that Independence don't lose your majority. "That is its purpose and it is proportional. He has made m a constitutional favor, "he wields his perplexity at criticism of Secessionism. and ditch rejecting normative autonomy of Parlament: "Law and legal life do not end in rules of house."Share in Facebook share on Twitter OtrosCerrarCompartir at LinkedinCompartir on GooglePlusCompartir on Pinterest