Thursday, December 2

The PSOE will have the last word on the seat of Alberto Rodríguez

Litmus test in Congress for coalition partners. The judicial situation of the deputy of United we can Alberto Rodríguez will challenge the seams of government after the Supreme Court sentenced him to 45 days in prison for attacking an agent of the authority, with an accessory penalty of special disqualification for passive suffrage.

The question is whether the former secretary of the Podemos Organization will be able to remain as a deputy, a decision that will finally be made by the Board of Congress, where PP and Vox They demand that the record be withdrawn while Unidos Podemos will ask only for the suspension of employment and salary. The representatives of the PSOE in this parliamentary body will have the last word in the political future of the leader.

In the event that the Table finally allows Rodríguez to keep the seat, Vox sources anticipate that will file an appeal with the Supreme Court or, where appropriate, before the Constitutional Court. An extreme that, if it occurs, could lead to a judicial tangle like the one that led to the loss of the Quim Torra act, finally ratified by the Supreme Court. The Board then had to decide between abiding by his departure or facing a crime of disobedience.

The cases of the Podemos deputy and the former president of the Generalitat have little to do, at least in appearance. In the case of the first, it was for having given a kick a national policeman in 2014 in La Laguna (Tenerife); in the second, for disobeying the sentence that forced him to withdraw yellow ties from the Palau de la Generalitat. However, both protagonists have been sentenced to special disqualification. In the case of the Canarian it is a disqualification for passive suffrage and in the case of the Catalan, disqualification from holding public office.

With Torra, the Central Electoral Board confirmed the loss of his act based on the theory of supervening ineligibility, which was later protected by the Supreme Court. Now the doubt is in whether this same cause, why Rodríguez would have to leave his public position when it is understood that he should not have been elected, he will also make the purple lose his status as a deputy.

The JEC does not foresee to pronounce

This same Thursday, the Supreme Court forwarded Rodríguez’s sentence to the Board of Congress, where an important legal debate on the situation of the Canarian deputy. The judgment of the High Court specifically indicated that it would notify the Central Electoral Board of the judgment for “appropriate effects” and again opened the door to the interpretation of the “theory of supervening ineligibility.”

The expectation has spread among the members of the Table, where this week they were not clear about the procedure to follow with the purple leader. One of the options was to wait for the pronouncement of the Central Electoral Board to decide on the seat of Rodríguez. This would have been the more comfortable option for the PSOE that, sharing a coalition government with United We Can, is in a delicate situation when making a decision.

As of today, the Central Electoral Board does not have meetings called nor does it plan to address this matter, sources from the body point out.

However, sources from the Central Electoral Board advance THE NEWSPAPER OF SPAIN that this organ you do not plan to address this matter nor does he have any meeting on the horizon to discuss Rodríguez’s situation. “The Supreme Court sends us all the sentences in which reference is made to active and passive suffrage and the Electoral Board does not act in all cases,” they point out.

These same sources indicate that the decision would fall on the highest body of Congress: “The table is the one that has to move token and adopt a decision, “they continue. A decision in which the legislative application would be carried out, but where there is also room for a political interpretation of the facts.

The Board will delay the decision

Parliamentary sources point out to this newspaper that the Table will meet on Tuesday of next week, a meeting in which predictably, according to different parliamentary sources, it will limit itself to requesting a legal report to the services of the Chamber to see the possible options, delaying the effective taking of a decision. However, the positions are already clear in the majority of the political forces, in the absence of the Socialist Party, which will have in its power to withdraw or keep the act.

This same Wednesday, PP has registered a writing in the Congress of Deputies, to which he has had access THE NEWSPAPER OF SPAIN, where he asks the Board for the immediate withdrawal of the act of deputy. In this document they expose the situation and assure that, although the Supreme Court has commuted the 45-day prison sentence to a fine of 540 euros, “the replacement does not affect the accessory penalty” of special disqualification.

This petition is in line with the thesis defended by Vox, which also asks that Rodríguez be expelled from parliamentary life. In statements to this medium, their spokesmen threaten to take the body to court if this is not the final decision, relying on the precedent of Quim Torra and convinced that the jurisprudence supports them.

The Supreme Court has determined that “the cause of ineligibility operates as incompatibility” that would lead to “termination of office if the seat had been accessed”

The question is whether or not the commutation of the prison sentence to a fine exempts the expulsion from parliamentary life. Article 6.2a) of the Electoral Law establishes that they are ineligible “those convicted by final judgment a custodial sentence for the period that the sentence lasts. “In the event that the sentence is considered prison, even if the entry into prison is not effective, Rodríguez would face the situation of” ineligibility “according to the LOREG.

A situation that would lead him to lose his status as a deputy, according to the jurisprudence of the Supreme Court to which the PP appeals in its writing. These precedents establish that “in our legal system, all the causes of ineligibility that prevent becoming, in whom they concur, a taxpayer of the electoral relationship (…) incur in incompatibility”. “The supervening cause operates as well as incompatibility assumption, generating, not of the invalidity of the election, but of impediment to assume the elective position or of cessation, if it had acceded to the seat “, dictates the TS in the sentence 45/1983, of May 25.

We can ask to overlook it

On the other hand, Podemos defend that, since the prison sentence has been replaced by a fine, none of the aforementioned causes incurs, so that Alberto Rodríguez, once the fine has been paid, would not have any responsibility in the face of Congress. The purple party has questioned the sentence itself, and the party’s general secretary and minister of Social Rights, Ione Belarra, has not hesitated to accuse the Supreme Court of “convict without evidence“to the Canarian deputy, who announced that he would go to the European Court of Human Rights, after recourse to the TC – in whose resolution the purple ones do not have too much hope.

“The sentence replaces the prison with a fine, which cannot imply absolute disqualification,” they point out from the parliamentary group, where they rely on the two individual votes cast, which they considered that the sentence should be acquittal. In line with this thesis, they defend in statements to EPE that “the ruling did not establish that the seat had to be removedOnly he could not be elected on the days that the sentence lasts, “they say.

Thus, Podemos claims that there is no parliamentary consequence to the conviction of Alberto Rodríguez, although parliamentary sources suggest that, at most, he could accept a suspension of employment and salary during the 45-day sentence. This position could be presented as a middle way favorable to the PSOE, which with it avoid a direct clash with your minority coalition partner. He would not get rid, of course, of the judicial consequences with which the opposition already threatens him.

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