tsjc

The Parliament’s President, Carme Forcadell, testified before the Court this Friday for having allowed a democratic debate on Catalonia’s independence in the Catalan Chamber on the 27th of July. The Spanish Constitutional Court considered illegal her decision to do so and accused her of disobedience and perversion of justice. Forcadell’s prosecution has produced a huge political and civil response not only in Catalonia but throughout many countries in Europe. The institutional support for the Parliament’s President was made clear this morning, when the Catalan President, Carles Puigdemont, together with the whole Catalan executive, members from radical left pro-independence CUP and alternative left alliance ‘Catalunya Sí que es Pot’ joined Forcadell on her way to the Court, together with hundreds of mayors from all over the territory and former top politicians such as former Catalan President Artur Mas.

Catalonia’s Supreme Court (TSJC) has called the Parliament’s President, Carme Forcadell, to testify before the court on Friday the 16th of December. She is accused of “disobeying” a Spanish Constitutional Court (TC) ruling when allowing the conclusions of the committee to study the constitutive process to be assessed in the Parliament. The Court also requests testimony from the second Vice-president of the Parliament’s Bureau, José María Espejo, from Spanish Unionist ‘Ciutadans’, the Bureau’s second secretary, David Pérez, from the Catalan Socialist Party (PSC) and the Bureau’s third secretary, Joan Josep Nuet, from alternative left alliance ‘Catalunya Sí que es Pot’. The Court ordered them to testify as witnesses over the pro-independence roadmap, which was put to vote in the Catalan Chamber on the 27th of July.

Catalan judge Santiago Vidal faces a three-year suspension from office for writing a draft of a theoretical Catalan Constitution. Although the proposal was not supposed to replace any Constitution or be directly adopted if Catalonia became independent but rather to steer debate by putting on the table specific constitutional articles, Catalonia’s Supreme Court (TSJC) has confirmed Spain’s Judicial Power Council (CGPJ)’s decision, announced in February 2015, and has insisted that Vidal committed “a very grave offence” and “inexcusably failed to fulfil his judicial duties”. Thus, the appeal presented by Vidal, after considering the sanction to respond to “political and ideological criteria”, has been rejected by 21 magistrates, while 11 have expressed their conformity with the appeal.  

The case against Parliament’s President, Carme Forcadell, for allegedly disobeying and perverting the course of justice by allowing the pro-independence roadmap to be put to vote on the 27th of July will proceed. Catalonia’s Supreme Court (TSJC) refused this Wednesday the appeal presented by the Parliament and emphasised that the crimes Forcadell are accused of are not related to “the public expression of thoughts or ideas” but to “disobeying” a ruling from the Spanish Constitutional Court (TC), which it defined as “a key piece in the architecture of democratic and advanced states”. The document, written by Judge Maria Eugènia Alegret, also urges the Parliament to present documentation to the inquiry in order to “prove that the facts described in the lawsuit constitute a crime” and also to help “the defence of the accused”. 

Catalonia’s Supreme Court (TSJC) has admitted the complaint for charges of perversion of justice and disobedience filed by Catalonia’s Public Prosecutor, José María Romero de Tejada, against the President of the Catalan Parliament, Carme Forcadell. In the lawsuit presented last Wednesday, de Tejada stated that Forcadell “despised and opposed the Spanish Constitution” by allowing the pro-independence roadmap to be put to vote last July and that she “openly disobeyed the authority” by ignoring the Spanish Constitutional Court (TC) warnings. An official has delivered this Tuesday the notification to Forcadell. The President of the Catalan Parliament has now three days to appeal.

Spain’s Public Prosecutor, Consuelo Madrigal, urged Catalonia’s Supreme Prosecutor, José María Romero de Tejada, to file a complaint against Parliament’s President, Carme Forcadell. Madrigal accused Forcadell of alleged perversion of justice and disobedience for allowing the pro-independence roadmap to be put to vote in July. However, she dismissed the misappropriation of public funds, which dispels the possibility of applying criminal charges. Thus, the Catalan Supreme Court (TSJC) will be in charge of these proceedings, together with those for the 9-N symbolic vote on independence in 2014, which have to resolve whether former Catalan President, Artur Mas and former ministers Joana Ortega and Irene Rigau are liable for ignoring the TC’s resolutions and allowing the 9-N to take place.

Catalonia’s Supreme Court (TSJC) has dismissed this Thursday the appeals filed by former Catalan President Artur Mas, former Vice-President Joana Ortega and former Catalan Minister of Education Irene Rigau against their prosecution for alleged crimes of disobedience and administrative prevarication when organising the 9-N symbolic vote on independence. The Court magistrates believe that it is necessary to go on with the prosecution of the defendants for having authorised and co-organised the consultation, which took place on 9 November 2014. In its resolution, the TSJC insists on the “conscious resistance” of the three politicians to the Spanish Constitutional Court’s suspension of the participatory process. The resolution arrives three days before former Catalan Minister for Presidency, Francesc Homs, is due to testify in Madrid for the same cause.

Former Catalan President, Artur Mas, along with former Catalan Vice President, Joana Ortega and former Minister for Education, Irene Rigau won’t be accused for misappropriation of public funds in relation to the 9-N symbolic vote on independence. This is what the public prosecutor announced this Monday, after considering that the expenses related to the non-binding consultation were made before the suspension enacted by the Spanish Constitutional Court (TC). Nevertheless, the attorneys asked Catalonia’s Supreme Court (TSJC) to ignore the accused defences’ petition to file the case and summon the trio for the other crimes included in the lawsuit, which are alleged disobedience and perversion of justice.

Former Catalan Minister for the Presidency, Frances Homs, is being investigated by Spain’s Supreme Court for helping to organise the 9-N symbolic vote on independence in 2014. Homs, who is currently the leader of Catalan coalition ‘Democràcia i Llibertat’ in the Spanish Parliament, is accused of disobedience, perversion of justice and misappropriation of public funds, the same charges for which former Catalan President Artur Mas, former Vice-President Joana Ortega and former Catalan Minister of Education Irene Rigau were also summonsed last October. Homs lamented the “low democratic quality” of the Spanish State and assured that he will testify before the court “carrying the pro-independence flag”. 

The former Catalan Minister for the Presidency and Catalan coalition ‘Democràcia i Llibertat’s current leader in the Spanish Parliament, Francesc Homs, has voluntarily testified to Catalonia’s Supreme Court (TSJC) regarding the celebration of the 9-N symbolic vote on independence in 2014. Homs, who was President Mas’ right hand man at the time the vote took place, assured that the TSJC has “political” intentions regarding this case and that it is at the Spanish government’s service. Last October, the TSJC also summonsed former Catalan President, Artur Mas, former Vice-President Joana Ortega and Catalan Minister of Education Irene Rigau for having authorised and co-organised the non-binding and symbolic vote.

Catalan President, Artur Mas, appeared this Thursday before the court, after being summonsed by Catalonia's Supreme Court for organising the 9-N symbolic vote in 2014. "The success and international impact of the 9-N consultation is what motivated this lawsuit" he stated "this summons responds to the Spanish Government's anger rather than legal reasons". Mas arrived at Barcelona's Courthouse by foot and was joined by the 400 Catalan mayors from the Association of Municipalities for Independence (AMI) and the entire Catalan Government. Right in front of the Court, thousands of people displaying Catalan flags rallied around the President and openly showed their opposition to Catalonia's Supreme Court's decision to summons Mas, which has been regarded as a political decision. Mas appeared before the court two days after Catalan Minister for Education Irene Rigau and former vice-president Joana Ortega and right after attending the commemorative events for the 75^th anniversary of President Companys' execution. 

The first two public figures summonsed by Catalonia's Supreme Court for organising the 9-N symbolic vote on independence in 2014, Catalan Minister for Education, Irene Rigau, and former vice-president Joana Ortega, have appeared before the court today. Outside Barcelona Courthouse, around 500 citizens, brought together by civil society associations such as pro-independence Catalan National Assembly, showed their support for both of the summonsed and openly expressed their opposition to Catalonia's Supreme Court's decision, which has been regarded as a political judgment against Catalonia's right to decide its political future. Members of pro-independence unitary list 'Junts Pel Sí', liberal party CDC, left wing pro-independence party ERC, radical left CUP, Christian-democrat 'Unió' and alternative left coalition 'Catalunya Sí que es Pot' also took part in the protests, which are considered "a direct attack on justice's independence" by Catalonia's Supreme Court. 

Catalan President Artur Mas reacted this Wednesday to his summonsing by Catalonia’s Supreme Court (TSJC). “Legally I didn’t disobey. Politically, there was a democratic rebellion against the State” he stated in a radio interview with Catalunya Radio. The charges are “the reaction of an arrogant, furious, clumsy state, whose pride was hurt, which is incapable of dialogue and which will do everything in its hands to get rid of me” he summarised. On the other hand, Spanish Prime Minister Mariano Rajoy considers it “false and unfair” to attribute the court’s decision to the Spanish government, as in Spain there is a “separation of powers”.

Current Catalan President Artur Mas has been called to the court on the 15th of October for authorising and co-organising the 9-N symbolic referendum on independence that took place in 2014. Catalonia’s Supreme Court (TSJC), which pends on Spanish Administration of Justice, also confirmed the prosecution of former Vice-President Joana Ortega and Catalan Minister of Education Irene Rigau for the same charges. The official prosecution of Artur Mas and 2 other members of the Executive arrives two days after the 27-S elections and takes the current political conflict a level higher. The Catalan Government considered the TSJC decision a “democratic anomaly” and described it as a “political judgment”.

Catalonia's Supreme Court (TSJC) has ruled against the petition filed by the Spanish Ministry of Education that asked to reopen the enrolment process for the next school year in order to use registration forms in which parents could explicitly choose whether they wanted their children to be taught in Spanish as an instruction language. In the last few years, the Spanish Government has been undertaking a judicial battle to change Catalonia's school model, which has been developed with an extremely wide consensus over the last 35 years and completely guarantees the knowledge of both Spanish and Catalan, as results show. The model is based on the linguistic immersion principle, through which children are mostly taught in Catalan, although many flexible measures are included. However, the Spanish Government would like to have Spanish as an instruction language as well, despite most of the pedagogic experts considering that if this were the case, many children from Spanish-speaking environments would not have a proficient knowledge of Catalan and would not be bilingual.