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The Provincial Electoral Board (JEP) of Barcelona has dismissed, with a selected vote, the disqualification requests of the President of the Generalitat, Quim Torra, introduced by PP, Cs and Vox.

In accordance to the decision, the JEP has determined to meet this Tuesday to handle the requests for disqualification of Torra after being convicted “in a non-final sentence” for disobedience by not eradicating the banner and the yellow tie of the Generalitat throughout the election interval as ordered by the Board Electoral.

The resolution may be appealed to the JEP earlier than the finish of December 27. If the conviction is lastly confirmed and Torra is disqualified by the Supreme, the Parliament can have to elect a brand new president of the Generalitat in 10 days.

The electoral legislation doesn’t point out disobedience

The JEP confirms that the conviction of Torra just isn’t agency, whereas the Natural Legislation of the Basic Electoral Regime (Loreg) considers these convicted of a non-final sentence for crimes of rebel, terrorism, in opposition to the Public Administration or in opposition to State establishments; Not for disobedience.

He additionally notes that the writers of PP, Cs and Vox to the Electoral Board requested the termination of Torra as a deputy, which might entail his termination as president, as a result of each president should have a seat of the Parliament, in accordance to the Statute.

The Board recollects that he was convicted as president, not as deputy; and additionally cites the Statute to affirm that the solely reason behind dismissal of a president of the Generalitat is “a penalty of disqualification by a ultimate judicial sentence.”

At the identical time, he affirms that the Central Electoral Board (JEC) has by no means ceased a deputy who additionally presides over an autonomy, however that cessation precedents they’re for non-firm sentences of mayors convicted of crimes in opposition to public administration linked to corruption, with imprisonment in addition to disqualification.

The JEC concludes that, in contrast to these circumstances, Torra has been sentenced for disobedience to 10 months of positive and a yr and a half of disqualification, “which criminally constitutes the conviction for a much less critical offense.”

Explicit vote

The non-judicial member of the JEC Pablo Nuevo López has forged a selected vote by which he disagrees with the majority resolution of the Board not to apply the Article 6.2.b of the Loreg and, due to this fact, of not making use of a reason behind unforeseeable illegibility.

It alleges that there are precedents of an assumption corresponding to the one analyzed on this case, since the precedents of which the decision speaks allude to corruption, and Nuevo asks if corruption “couldn’t be disobedience to the physique chargeable for making certain the neutrality of the establishments in electoral interval “.

He provides that the JEP is linked to the JEC doctrine and that Torra's case is of “unavoidable prevalence that turns into a reason behind incompatibility” in accordance to article 6.2.b of the Loreg.