The 21-D elections do not imply immediate disappearance of article 155 because day after Mariano Rajoy will have competence to decide timetable to constitute new Parlament. In his hand he will be accelerating or delaying political scene. If a adjusted result is given between Independenceists and Constitutionalists, election as deputies of five members of Govern who are in Brussels would harm ir groups by not being able to participate in votes.
The rules of Catalan chamber stipulate that President of Generalitat shall convene constituent session of Parliament within 20 working days since elections. Carles Puigdemont was ousted from president on 28 October, so he will be president of central government, Mariano Rajoy, who decides when that plenary is held, which also elects members of Bureau. The deadline expires on January 23rd, but election of day will have a domino effect.
It is that, once Parlament has been established, first investiture session will be held in subsequent 10 working days, which shall require absolute majority (68 of 135 deputies). If not, it will suffice with simple majority (more votes in favor than against) in a session to be held two days later. If not elected, re will be time until two months of first vote and, if not, would dissolve Parlament and Rajoy would convene new elections.
Under normal conditions, Constitution of Parlament would have no greater significance, but it does if it is remembered that a adjusted electoral result can be produced between Constitutionalist bloc and independence, in addition to circumstances that They affect former president of Generalitat and his government who have been ousted.
All of m, except for ex-councilor Meritxell Borràs, are presented to elections in high positions of ir respective lists to be chosen without problems. However, of se 12 future members, five are fleeing in Brussels and rest in prison, so that, if y cannot exercise ir functions as parliamentarians, it would condition formation of necessary majorities for election of President of Parlament and Vote of inauguration session of President. 12 of 13 members of destitute Govern, in addition to President of Catalan National Assembly, Jordi Sànchez, elected deputies, but remains to be seen if y will finally be able to exercise ir functions.
Parliament's Rules of procedure would allow m to take possession of ir minutes, even in prison or in Brussels, because only two conditions can be fulfilled which may be fulfilled in writing and not in person: y present credential that y have been elected and promise or pledge Constitution or Statute of Autonomy, as well as presentation of Declaration of activities or goods.
If Supreme Court released next Monday to Oriol Junqueras, or seven exadvisors, in addition to Jordi Sànchez, would clear part of problem for independence because y could exercise ir functions as deputies, but not five Fled to Brussels: Puigdemont, Clara Ponsatí and Lluís Puig (Junts per Catalunya), and Toni ate and Meritxell Serret (Republican will). If y returned to Spain y would be arrested and imprisoned, a scenario that begins to shuffle already in some circles to provoke a surprise effect at end of election campaign.
If y did not return from Brussels or were not released those who were now incarcerated, ir parliamentary groups would be diminished, so that resignation of act of Congress should be raised. In case of Puigdemont, it would be his political end, because to be a candidate for president of Generalitat he must be a member. To a lesser extent it would affect Oriol Junqueras, who has already announced his intention that Marta Rovira will be candidate for president after elections.
Parliament's Rules of procedure have very highly-valued causes to delegate vote and none of m fits in se cases. It is only justified by maternal or paternal low, hospitalization, serious illness or disability.
There is only one precedent of one elected deputy who was in prison at time of his election. It was that of Juan Carlos Yoldi, who presented Herri Batasuna in 1987 as a candidate for Lehendakari. Justice authorized him to leave prison to attend investiture session on grounds that, if not, he would "injure political rights of his constituents."