The Constitutional Court ruling last week, which deprived former Generalitat councilor Lluís Puig of the right to vote remotely, firmly states that any attempt to participate in non-presential voting in the Catalan Parliament without justified cause will have no legal effectiveness, since the agreements of the Chamber’s Board allowing this mechanism have been annulled. This warning comes as the Parliament is having its constitutive session, and the independence parties, which have a majority in the Age Board, have announced that they will accept the votes of Puig and Carles Puigdemont—both fugitives from justice since 2017—disregarding the Constitutional Court.
The ruling, made public after notification, explains that “the annulment of the Board’s decision regarding the authorization of remote voting for deputy Lluís Puig i Gordi determines (…) the nullity of the transitory regulation which serves as its basis, as its sole purpose is to give it a semblance of normative coverage, but without a real general interest.” Sources from the Constitutional Court explain that any remote vote from former President of the Generalitat Carles Puigdemont or former councilor Lluís Puig, both deputies of Junts, cannot be counted, as it is based on an annulled norm. However, the court will not act on its own initiative if these votes are accepted.
The court will only act to apply the ruling if any parliamentary group submits an appeal for protection against the eventual application of the annulled norm. The doctrine presented in the ruling regarding Puig’s case emphasized that voluntarily evading the Spanish judicial system and being subject to an arrest warrant cannot be considered a constitutionally valid circumstance for allowing remote voting. The acceptance of these votes in the previous legislature violated the fundamental right of other deputies to carry out their representative functions equally, in relation to citizens’ right to participate in public affairs through their representatives. The Constitutional Court thus sided with PSC parliamentarians who challenged the regulation approved by the independence parties to validate Puig’s vote. While Puigdemont was not a deputy in that legislature, he is now and is in the same situation as Puig.
The warning given by the Constitutional Court about non-presential voting serves to prevent any attempts to circumvent legal obligations and improperly influence parliamentary decisions. It emphasizes the importance of upholding the principles of equality and representation in the Catalan Parliament, ensuring that all deputies have an equal opportunity to exercise their functions. The court’s decision underscores the need for adherence to legal processes and the rule of law, particularly in cases where individuals are evading legal responsibilities. This ruling sets a precedent for future parliamentary procedures and reinforces the authority of the Constitutional Court in ensuring compliance with the law.
The implications of the ruling are significant for the functioning of the Catalan Parliament and the political landscape in Catalonia. The decision to invalidate the previous mechanism for remote voting establishes clear guidelines for future parliamentary sessions and underscores the importance of upholding democratic principles. The ruling serves as a reminder of the need for transparent and fair decision-making processes in the parliamentary setting, ensuring that all deputies abide by legal standards and fulfill their responsibilities as elected representatives. Moving forward, the Constitutional Court’s decision will likely influence discussions and debates within the Catalan Parliament, shaping the legislative agenda and promoting adherence to legal norms and procedures.
