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Carles Puigdemont must return to Catalonia to form government Puigdemont could return to Catalonia in bid to retake office
(about 17 hours later)
Spain’s constitutional court rules fugitive ex-president cannot be re-elected without being present Party of fugitive ex-president says he will seek legal permission to attend investiture debate in person
Associated Press Sam Jones in Madrid
Sat 27 Jan 2018 22.10 GMTSat 27 Jan 2018 22.10 GMT
Last modified on Sat 27 Jan 2018 22.16 GMT Last modified on Sun 28 Jan 2018 12.26 GMT
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Spain’s top court has ruled that Catalonia’s fugitive former president must return to the country and be present in the regional parliament to receive the authority to form a new government. The fugitive former Catalan president Carles Puigdemont could return to the region this week in an attempt to retake office, three months after he was sacked by the Spanish government over his push for secession.
The constitutional court ruled on Saturday that a session of Catalonia’s parliament scheduled for Tuesday would be suspended if Carles Puigdemont sought to be re-elected without being physically present in the chamber. Puigdemont has been in self-imposed exile in Brussels since the end of October, when the Madrid government responded to the Catalan parliament’s unilateral declaration of independence by firing the regional government and assuming direct control of Catalonia.
Elections held in December saw the three pro-independence Catalan parties retain their majority and Puigdemont has been proposed as the only candidate for president.
On 27 October, less than an hour after secessionist Catalan MPs voted to declare independence, Spain’s senate gave the country’s prime minister, Mariano Rajoy, power to assume control of Catalonia. As well as sacking the regional president, Carles Puigdemont, and his pro-independence government, Rajoy called snap elections to be held on 21 December.On 27 October, less than an hour after secessionist Catalan MPs voted to declare independence, Spain’s senate gave the country’s prime minister, Mariano Rajoy, power to assume control of Catalonia. As well as sacking the regional president, Carles Puigdemont, and his pro-independence government, Rajoy called snap elections to be held on 21 December.
Although Puigdemont is in Belgium and his former vice-president Oriol Junquerasis in jail pending possible charges including rebellion and sedition, both they and their parties are going to contest the election. More than a dozen Catalan leaders face charges, but all are eligible to stand so long as they are not convicted and barred from public office. Among those also running are the anti-independence, centrist Ciutadans or Citizens party, the Partit dels Socialistes de Catalunya, En Comú Podem-Catalunya en Comú coalition and Spain’s ruling conservative People’s party.Although Puigdemont is in Belgium and his former vice-president Oriol Junquerasis in jail pending possible charges including rebellion and sedition, both they and their parties are going to contest the election. More than a dozen Catalan leaders face charges, but all are eligible to stand so long as they are not convicted and barred from public office. Among those also running are the anti-independence, centrist Ciutadans or Citizens party, the Partit dels Socialistes de Catalunya, En Comú Podem-Catalunya en Comú coalition and Spain’s ruling conservative People’s party.
Pro-independence parties used the polls two years ago as a de facto vote on splitting from Spain and Puigdemont’s coalition set about paving the way for the unilateral referendum. Pro-independence parties will be looking to use next week’s vote to maintain their momentum. Opposition parties will be looking to capitalise on the frustrations of the roughly 50% of Catalans opposed to independence.Pro-independence parties used the polls two years ago as a de facto vote on splitting from Spain and Puigdemont’s coalition set about paving the way for the unilateral referendum. Pro-independence parties will be looking to use next week’s vote to maintain their momentum. Opposition parties will be looking to capitalise on the frustrations of the roughly 50% of Catalans opposed to independence.
Members of the 135-seat Catalan parliament are elected using proportional representation. The seats are divided into four districts: at least 3% of the vote in each district is needed to win seats, and 68 seats are needed for a majority. The electoral system is weighted in favour of less populated rural areas.Members of the 135-seat Catalan parliament are elected using proportional representation. The seats are divided into four districts: at least 3% of the vote in each district is needed to win seats, and 68 seats are needed for a majority. The electoral system is weighted in favour of less populated rural areas.
The court also said that Puigdemont must seek judicial authorisation to attend the session. However, the former president faces immediate arrest on possible charges of rebellion, sedition and misuse of public funds the moment he sets foot in Spain.
Catalan separatist MPs have been considering voting Puigdemont back in as regional leader without him returning from Belgium, where he fled after the parliament made an unsuccessful declaration of independence in October. On Saturday, Spain’s constitutional court ruled that the ousted leader could not participate in Tuesday’s investiture debate via video conference or by getting one of his MPs to read a speech in his place.
Spain is investigating Puigdemont for sedition and he is likely to be arrested if he returns. Judges at the court said Puigdemont’s investiture would be suspended unless he appeared in person in parliament with “prior judicial authorisation”. Hours later, Puigdemont’s party said he would seek legal permission to attend the session.
On Sunday morning, a spokesman for Together for Catalonia said: “If [constitutional court judge Pablo] Llarena allows it – and we think he’ll act freely – Puigdemont will come and explain his plan for government.”
The constitutional court judges said that they would need six further days to consider the Spanish government’s request to annul Puigdemont’s candidacy for president, prompting him to tweet that the court had rejected what he called an attempt at “legal fraud”.
On Friday, Spain’s deputy prime minister, Soraya Sáenz de Santamaría, said: “The government must use every tool made available by the laws and the constitution to make sure that a fugitive, someone who is on the run from the law and the courts, cannot be illegitimately be sworn in.”
Josep Rull, a Together for Catalonia MP, said the court’s decision was “an open-handed slap in the face” for the deputy prime minister. Rull said that while the legal measures imposed on Puigdemont were unprecedented and improper, the former leader would respect the constitutional court’s ruling but would need guarantees over his investiture.
Although Puigdemont is the sole presidential candidate, an MP from another pro-independence party hinted on Sunday that he could be replaced if necessary. Joan Tardà, of the Catalan Republican Left party (ERC), said that while the plan was to see Puigdemont sworn in as president – with jailed ERC leader Oriol Junqueras returning as vice-president – things could change.
“What’s essential is that we have a government; if we have to sacrifice president Puigdemont, we’ll have to sacrifice him,” said Tardà.
CataloniaCatalonia
Carles PuigdemontCarles Puigdemont
SpainSpain
EuropeEurope
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