For the public interest and the normal functioning of democratic institutions. These are the reasons why the TSJC has decided to maintain the suspension of the decree approved by the Government that annulled the February 14 elections. As of today, waiting for a final resolution, andl High Catalan Court is inclined to maintain the Catalan elections on the date initially scheduled for 14-F, contrary to the criteria of the Government, because in their opinion it must be “assessed” that there is a “very intense public interest in holding the suspended elections”, because if they did not take place in the original date, in a little less than a month, would open a “prolonged period of provisionality that affects the normal functioning of democratic institutions.” The TSJC has adopted the decision to provisionally suspend the decree of postponement of the Government by majority, but not by unanimity, since one of the seven magistrates has taken a position against maintaining the 14-F provisionally.
In any case, the TSJC leave the door open for the situation to change in the coming weeks. “It does not mean that substantial changes cannot occur between now and February 14, both in the regulatory norms of the state of alarm and in the health field, derived from the negative evolution of the epidemic, which could justify another decision by the competent authorities adopted in accordance with the law, taking into account these new circumstances “, says the order released this morning
The magistrates have also highlighted that the decision not to paralyze 14-F affects the fundamental right to active and passive suffrage, or the right to vote, “whose suspension is not provided for in the state regulatory framework of the state of alarm, which expressly admits the holding elections during the validity of the state of alarm “, they recall. They also ensure that current health measures “do not limit travel for non-essential activities”, as well as the effective implementation of preventive measures by the Administrations with jurisdiction in health and electoral matters.
The main effect of the resolution, says the order, is that “provisionally the date of February 14, 2021 is maintained,” but procedural measures have been adopted by the court to issue a sentence “foreseeably” on February 8, 2021, of so that it will be the sentence that “decides definitively whether or not the postponement is maintained.” Therefore, the electoral process continues with all normality in its different facets because the date that is maintained is February 14, 2021. But the TSJC warns that the court’s decision does not imply that it forces to vote “irreversibly” that day, “nor is the court who has set this date.” “What is done by the court is to keep the elections held on the date that the competent authority called them,” he says. To this end, “the postponement initially agreed for May is suspended and the procedural mechanisms are established so that the court can pronounce definitively as soon as possible,” he concluded.