Wednesday, July 28

has to leave his seat in Congress


Madrid

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The Criminal Chamber of the Supreme Court has sentenced ERC deputy Joan Josep Nuet to eight months of disqualification for the crime of disobedience that he committed as a member of the Parliamentary Board that during the previous legislature in Catalonia processed the disruptive laws of the ‘procés’. This sentence forces him to leave the seat he currently occupies in the Congress of Deputies.

As ABC has learned from legal sources, the magistrates have thus responded to the prosecution’s request for a sentence (although it asked for one year and four months), and like the Court of Justice of Catalonia did a few months ago with the rest of the members of the Table chaired by Forcadell, has considered that Nuet committed a crime when he disobeyed the orders of the Constitutional Court that prohibited the Board from processing any initiative contrary to the Constitution.

In its final report, the Public Ministry considered accredited the “Repeated and stubborn” disobedience of the defendant to the guarantee body, which urged the members of the Table up to eight times to refrain from processing initiatives contrary to the Constitution. “The TC is a key piece of the rule of law,” recalled prosecutor Jaime Moreno, who insisted that Nuet’s obligation as a member of that table was to filter what was going to be debated. Nevertheless, “He put his will above the mandates of the TC.”

During his statement, Nuet denied who had the intention of disobeying the guarantee body and attributed his decision to admit these initiatives to processing due to the desire of his parliamentary group (then Catalunya Si que es Pot) to generate a debate that allowed to redirect a priori illegal initiatives along the path of constitutionality. “We believed it was possible and we were wrong,” he said. Nuet insisted that three years after that “things look different” and that there are things he did that he would not do today. “Then it was all new, there was no experience”; Hitherto unexplored ground was being walked on, he explained.

“Conscious and voluntary”

In its judgment, the Chamber declares it proven that the defendant “was fully aware” that the self-determination referendum “openly contradicted the Constitution” and the orders issued by the TC in resolutions that were notified to him personally and of which he had been informed. Even so, he voted favorably on his admission. The magistrates recall that there were at least ten mandates to prevent or paralyze any initiative that involves ignoring or circumventing the agreed suspension, in reference to the original Resolution of 2015 and subsequent ones, suspended and declared void. “The mandate was clear, precise and the defendant had highly qualified sources of knowledge to accommodate his conduct to the requirements set forth,” he points out in reference to the criteria of the lawyers and secretary general of the Parliament. «His disobedience was, therefore, conscious and voluntary (…) Either he complied or he disobeyed, and he chose to disobey, “he adds.

For the Chamber of all the initiatives admitted for processing, the most “clear and relevant” to establish the typicality of the conduct is the Proposal for a referendum law on the self-determination of Catalonia, on the prohibition of processing the Bureau of Parliament should not have had any doubts.

If the penalty is somewhat less for Nuet than that of the rest of the defendants who were judged by the Supreme Court of Catalonia (as they are autonomous and non-national like him) it is because in the judgment of the Supreme the defendant “did not show an openly delegitimizing attitude of the Constitutional Court, but has expressed in the trial, in a section that the Chamber has considered credible, a willingness to seek alternatives to the proposals, which, as they were formulated, were considered contrary to the Constitution, seeking, through amendments, solutions that did not involve an abrupt breakdown of the constitutional order ”. The regional deputies who shared the Parliamentary Table with Nuet were sentenced to one year and eight months. Prosecutors Javier Zaragoza and Jaime Moreno had asked for Nuet four months less than for them precisely because in their case there is an initiative whose admission for processing they voted against.

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