Monday, May 23

The TC confirms that the Supreme Court was competent to judge the ‘procés’

Constitutional Court.

Constitutional Court.

The Constitutional Court has endorsed the reasons that led the Supreme judge the Catalan independence leaderss for the “procés” in a sentence in which he clears the doubts that the Belgian Justice sowed when questioning the competence of this court to deliver a fled politician.

The Constitutional magistrates have closed ranks around the Supreme Court by rejecting one of the main arguments of the Catalan politicians convicted and fled by the independence process of Catalonia in 2017, which they will foreseeably use again before European authorities.

It does so by dismissing the first appeal against the “procés” sentence, that of the former Minister of the Interior Meritxell Borràs, sentenced to one year and eight months of disqualification and a fine of 60,000 euros for a crime of disobedience.

After advancing the ruling last Wednesday, the guarantee court has released its sentence in which it guarantees that the Supreme Court judged the independence leaders And that can also be interpreted as a response to the Brussels Court of Appeal, which recently confirmed the refusal to hand over to Spain the former Catalan councilor Lluís Puig – one of the politicians who did not get to be tried for fleeing the country.

Though “in any way” this sentence, provided by Borràs in his appeal, affects him to make his decision, the TC goes on to refute some of his arguments.

It denies that, as the Belgian court said, there is no “explicit legal basis” pIn order for the Supreme Court to extend its jurisdiction to the accused who did not enjoy an aforementioned – as is the case of Borràs, who was no longer part of the Government or a deputy when the high court assumed its prosecution – nor that it was based on a jurisprudential criterion not backed by no explicit national standard.

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“Quite the contrary,” says the TC, the Supreme was based on “legislative provisions” that they provided for it, such as the Statute of Autonomy of Catalonia, the Law of Criminal Procedure or the Organic Law of the Judicial Power, so that, the magistrates insist, their decision had an “unquestionable explicit legal basis.”

According to the TC, although Borràs was not measured when the Supreme Court assumed jurisdiction, it was competent to judge it due to the need for “joint prosecution” of related crimes that could not be divided from each other, something that is expressly included in the Spanish legal system.

That was one of the reasons given by the Supreme Court, in addition to the fact that the events went beyond the territory of Catalonia (in relation to the foreign promotion of the “procés”) and the aggravation of some defendants.

Their arguments were not based, assures the TC, andn arbitrary reasoning “manifestly unreasonable or the result of a patent error”.

Sentence, presentation of the magistrate and former attorney general of the State Cándido Conde-PumpidoIn this way, it denies that the Supreme Court violated the rights of the ordinary judge predetermined by law, to double criminal proceedings and to effective judicial protection in a sentence that will serve as the basis when addressing the same complaint of the rest of the convicted persons.

He also rejects that the fine of 60,000 euros imposed on Borràs was not sufficiently motivated because it was established “based on indicative criteria” of her economic capacity “based on the relevant level of salary income that she has been obtaining during the exercise of the position of counselor of the Government of the Generalitat of Catalonia.”

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