The report of the lawyers of the Chamber has indicated to the president of the Congress the way to take. Although the PSOE wanted to delay the suspension of the Catalan deputies in preventive detention by 1-O, the lawyer's letter has been forceful and after 48 hours of tension between the Supreme Court and the Bureau of Congress as to who should revoke the act of deputies to Oriol Junqueras, Jordi Sànchez, Jordi Turull and Josep Rull, finally the legislative body has suspended in the exercise of their positions the independence leaders around half past one in the afternoon.
A decision for which Finally, voting has not been necessary, according to parliamentary sources, since the members of the board have complied with the lawyers' report. However, as the parliamentary group put forward on other occasions, the two representatives of the United Nations, we can at the Table have been against the proposal and have asked for more time to make the decision. The three representatives of the PSOE, the two of the PP and the two of Cs have shown their position in favor of the suspension.
For its part, the third vice president of the Bureau of Congress, Ana Pastor, welcomed the decision adopted but regretted that "48 hours have been lost" since the opinion now offered by lawyers defends the position of the popular, which already they pleaded for the automatic suspension, relying on article 21.1.2 of the Regulations of the Congress. According to the popular ones, this same norm accredits with solvency the suspension of the deputies imprisoned.
The president of the Congress, Maertxell Batet, announced at the end of the meeting the suspension in the exercise of their positions, rights and duties established in the Rules of the Chamber in application of article 384 bis of the Law of Criminal Procedure, such as they had determined the legal services. A decision retroactive to May 21, the date on which the Cortes were constituted. At this point, from Citizens asked for the measure to be retroactive and apply from the day of the general elections to avoid "collecting a single euro" from the institutions, according to the secretary general of Cs, José Manuel Villegas.
The report of the lawyers indicated the immediate suspension of Oriol Junqueras, Jordi Sánchez, Jordi Turull and Josep Rull. A suspension, as revealed in the brief, which is based on Article 384 bis of the Criminal Procedure Law and not in application of Article 21.1.2 of the Rules of the Congress, as the Supreme Court asked to proceed with the suspension of the deputies who are being tried in the Second Chamber of the Supreme Court for crimes of Rebellion.
According to the lawyers of the Chamber can not be suspended in accordance with the Rules of Congress to these deputies prisoners because the aforementioned rule does not concur "all the elements required." This article states that deputies will be suspended "when, granted by the Chamber the authorization object of a request and sign the indictment, will be in a state of preventive detention and while it lasts. "In the letter the lawyers, explain that this is not the case since" there has been no request "from the High Court .
The lawyers are based on the fact that in the aforementioned article of the Criminal Procedure Law it is established that "Sign a writ of prosecution and order the provisional prison for an offense committed by an integrated person or related to armed bands or terrorist or rebellious individuals, the defendant he is holding a public function or position, he will automatically be suspended in the exercise of the same while the situation of preventive detention lasts. "
According to the letter of the lawyers, It was the Bureau that had to reach the measure of automatic suspension, that is to say, the effects that this can have for the calculation of the absolute majority in the Congress, by annulling now these four deputies. However, the Bureau has finally decided to request a new opinion from the legal services of the Chamber. This majority with the 350 parliamentarians was set at 176 deputies, which are the key to the investiture session. For this matter, a new Board will be convened to adopt the necessary agreements in due course. A decision that was proposed by the popular deputy, Ana Pastor, as confirmed by herself.
In the event that the four deputies in prison did not give up their act – despite Junqueras already announced days ago that he would do so to try to access the European Parliament if he is elected this Sunday as MEP – the president of Congress has confirmed that in that case "will be deputies suspended." There is a recourse of accusation on the part of the prisoners about the decision made by the Congress Bureau.
Regarding the scenario of tension experienced these two days between the legislature and the judiciary, Batet has defended that it has taken the corresponding decisions "in accordance with law and with maximum legal security", and that is why he wrote to the Supreme Court to "clarify the doubts about the suspension". Within this same argument has also justified the report commissioned to the lawyers for "the complexity and sensitivity" of the issue. In this regard, he remarked that the commission for the report was the "more prudent, more guarantee and with greater legal certainty" decision that could be taken.