The Constitutional Court has rejected the request for protection presented by the leader of ERC, Oriol Junqueras, who considered his fundamental rights violated because he was not allowed to participate in the November 2019 elections as the head of his party's list. The ruling considers that there was no such violation because the appeals that Junqueras presented to the ordinary jurisdiction were not neglected, but rather resolved reasonably, and they considered that he could not be part of the candidacy due to having been convicted of the crimes of sedition and embezzlement in a media contest. , a figure that exists when one has been committed, embezzlement in this case, as a necessary means for the commission of another, sedition.
The ruling explains that Oriol Junqueras' right to passive suffrage was not violated, because article 6.2 a) of the Organic Law of the General Electoral Regime (LOREG) considers ineligible those convicted in a final sentence to prison, “a concurrent circumstance in the plaintiff”. The ruling – for which the president of the court, Cándido Conde-Pumpido, was the rapporteur – declares that the plaintiff's right to an effective remedy has not been violated, because his request for review was examined and he received a response regarding its substance both by the Central Electoral Board (JEC) and the Supreme Court.
The Constitutional Court highlights that the plaintiff was sentenced by the Supreme Court on October 14, 2019 to 13 years in prison and 13 years of absolute disqualification in the sentence for the case of processes. As a consequence, the Provincial Electoral Board of Barcelona, after consulting the Central Electoral Board, required “that same day” the representation of the coalition to proceed with its replacement. And he adds that this requirement was duly completed, and that Gabriel Rufián began to head his list of candidates.
The court also highlights that on November 7, 2019, the representative of the coalition presented a document to the Central Electoral Board in which he requested that Junqueras be restored to number one on his list of candidates, after having learned that the execution of The disqualification sentence had been suspended by the sentencing court itself in an order that was issued on the same day as the sentencing. The Central Electoral Board, by agreement of November 8, 2019, denied the requested review, something that was justified by the fact that the agreement of the Provincial Electoral Board of Barcelona was not appealed in a timely manner, and that the sentence included a custodial sentence. that he was fulfilling at that time, so the assumption of ineligibility of art. 6.2 a) of the LOREG.
The plaintiff filed a contentious-administrative appeal against this agreement, which was dismissed in a ruling handed down on March 18, 2021 by the Fourth Section of the Contentious-Administrative Chamber of the Supreme Court, among other reasons, because the JEC correctly applied article 6.2 to ) of the LOREG, which deems ineligible “those convicted by a final sentence, to imprisonment for the duration of the sentence.” The appellant also criticized that ruling for having deprived him of an effective remedy, as well as for having violated his right to stand for election and for judicial resolutions to be executed on their own terms, for not having taken into consideration the suspension of the disqualification sentence. . The ruling confirms that the right to the execution of judicial resolutions on their own terms was not violated either because the basis for the exclusion of his candidacy was the sentence to prison, “which made the temporary postponement irrelevant for these purposes.” of the execution of the disqualification sentence.”
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