MADRID, 4 May. (EUROPA PRESS) -
The Central Electoral Board (JEC) has explained the withdrawal of the seat to Laura Borràs, recalling that, in accordance with the Electoral Law and the jurisprudence of the Supreme Court and the Constitutional Court, a sentence of disqualification for a crime such as prevarication, even if it is not firm , is incompatible with her continuity as a deputy.
Specifically, the leader of Junts and suspended president of the Parliament was sentenced by the Superior Court of Justice of Catalonia (TSJC) to four and a half years in prison and thirteen years of disqualification "as the author fully responsible for the crime of administrative prevarication" and documentary falsification by declaring it proven that he ordered the division of public contracts when he directed the Institution of Catalan Letters (ILC).
Although the sentence is not final because it is possible to appeal to the Supreme Court, the PP, Vox and Ciudadanos asked that Borràs's seat be withdrawn since a conviction for crimes against the Public Administration is "cause of supervening ineligibility", as established by the Law Electoral (LOREG).
The JEC already agreed with them on April 13, taking the first step to withdraw the seat, and this Wednesday, although the independentistas have prevented the Catalan Parliament from complying with that resolution, it has decided to close the case by revoking Borràs' act. and issuing the credential to the next on the list that Junts presented in the last Catalan elections.
In a resolution collected by Europa Press, the arbitration body recalls that, according to the LOREG, "those convicted by sentence, even if it is not final, for crimes against the Public Administration when it has established the penalty of disqualification for the exercise of the right to passive suffrage or that of absolute or special disqualification or suspension for employment or public office under the terms provided in criminal law".
And the supervening ineligibility supposes the incompatibility to continue in office, since it is "an extra-penal effect of a conviction, a measure linked by electoral law necessarily to a criminal sentence with a penalty of disqualification even when the sentence is not final for a crime against the Public Administration", such as prevarication.
Remember also that this doctrine was established by the Supreme Court in the 2021 ruling in which it confirmed the withdrawal of Quim Torra from the seat after having been sentenced to disqualification for disobeying the order to withdraw the pro-independence yellow ties during the electoral period. He also mentions the similar case of former deputy Pau Juvillà.
The JEC defends that, according to the jurisprudence, applying this supervening ineligibility "is not an exclusive competence" of the Parliament, but can be executed ex officio by the electoral administration, either due to "inactivity" of the Chamber or "for any other reason". .
And since the Provincial Electoral Board of Barcelona was not active when this case began because it was dissolved after the regional elections, it is the JEC that applies the measure by withdrawing the act from Borràs, declaring his seat vacant and issuing the deputy's credential to the next of the list of together
The arbitration body, which is made up of eight Supreme Court magistrates and five jurists appointed by Congress, breaks down in the resolution its rejection, one by one, of all the arguments put forward by the pro-independence majority of Parliament and by Laura Borràs' lawyers.
The resolution of the JEC, which this Thursday has already been communicated to Borràs, is final in administrative channels and the filing of a contentious-administrative appeal before the Third Chamber of the Supreme Court can now only be filed within two months of its notification.