The High Court, a main character in Catalan politics

BarcelonaThe judicialization of politics implies the transfer of a public debate to the courts, which also means a displacement of power. In recent years this trend has become evident in Catalan politics. Justice has greatly marked the public debate, both regarding the Catalan independence bid and the pandemic, which opened new questions about the limits that a state can impose on its citizens. In this scenario, the High Court of Justice of Catalonia (TSJC) has been a prominent protagonist.

The 9-N vote

Mas, Ortega y Rigau Trial

The call for 9-N in 2014 came after the precautionary suspension by the Constitutional Court (TC) of the law on non-referential popular consultations. Five days before it was held, now as a participatory process, the TC also imposed its veto on this initiative, but the Government maintained the call anyway. For this reason, former President Artur Mas, former Vice President Joana Ortega and former Minister Irene Rigau were tried in the High Court. Mas attributed the process to State retaliation, which the prosecutor Emilio Sánchez Ulled denied in an unusual intervention: "This trial is also democracy”, he defended. In March 2017, the High Court disqualified the three members of the government -for two years, 18 and 21 months respectively- for "deliberately" disobeying the Constitutional Court.

The 1-O ballot boxes purchase

Pressure due to 1-O referendum grows

The judicial pressure on the Government around the celebration of the 1-O referendum was accentuated. The Prosecutor's Office filed a complaint in the High Court against the Minister of Home Affairs, Meritxell Borràs, and the General Secretary of the department, Francesc Esteve, for the agreement to put out to tender the purchase of ballot boxes for the referendum. When Borràs was investigated for rebellion, the High Court sent the Supreme Court the proceedings that affected the Minister. Two years later they filed the case against Esteve.

1-O police action

A controversial nuance

The High Court took control over the 1-O referendum and issued an order addressed to the Mossos (the Catalan police), the National Police and the Civil Guard, urging them to close the polling stations on Sunday. The resolution of the magistrate Mercedes Armas introduced a nuance that later became the subject of controversy: in the legal foundations of the writing, it reasoned that they had to "adopt all measures that prevent the achievement of the referendum", but "without affecting the normal coexistence of citizens". While the Mossos commanded by Josep Lluís Trapero prioritized citizen security and social peace in their actions, the National Police and the Civil Guard used physical repression to evict schools and thus comply with the High Court’s orders.

Catalan Parliamentary bureau is disabled

Four Mps are sentenced

20 months of disqualification and a fine of 30,000 euros was the sentence received by four pro-independence members of the Parliamentary Bureau of the XI legislature. The High Court considered Lluís Corominas, Lluís Guino, Ramona Barrufet and Anna Simó guilty of disobedience for having allowed the processing of initiatives and laws of the Catalan independence bid, ignoring the resolutions of the Constitutional Court. Instead, the CUP MP Mireia Boya was acquitted because she was not a member of the governing body of the chamber.

Jové and Salvadó Case

Due to the 1-O preparations

The High Court confirmed in July the prosecution of ERC leaders Josep Maria Jové and Lluís Salvadó for the 1-O preparations. They were accused of disobedience, prevarication, embezzlement and revealing secrets. Jové was precisely part of the Catalan delegation that negotiated with the Spanish government at the dialogue table. The case remains open.

Buch is investigated

Due to Puigdemont's escort

The High Court also maintains an open case against the former Minister of Home Affairs Miquel Buch. The Prosecutor's Office accuses him of having placed an escort on Carles Puigdemont in Belgium with public money. Buch, however, is not currently on the JxCat lists, and after the elections he would lose his privileged status and, therefore, his case would be taken up by an ordinary court.

Torra is disqualified

Catalonia heads towards elections

The first sentencing ever of a Catalan president whilst exercising his functions also came from the High Court. With Quim Torra's disqualification sentence - ater confirmed by the Supreme Court- the Government lost the president in the middle of the pandemic and the country was plunged into elections. He was found guilty of disobeying the Central Electoral Board (JEC) for having kept a banner in favor of the freedom of political prisoners in the Palau de la Generalitat during an electoral campaign. Torra now faces a second cause for disobedience, also for having placed the banner.

Disqualification of Solé

For his participation in 1-O

The second disqualification of an active member of the Government is also due to the High Court. The reason: serious disobedience as a result of his participation in 1-O. The sentence has not yet been carried out, Solé's appeal is pending in the Supreme Court. Therefore, he will be able to stay at the head of the Department of Foreign Affairs, on which the management of the electoral processes depends. However, Solé has had to abandon his position on the ERC lists for the 14-F elections.

Language immersion

In the midst of the debate on the Celaá law

In the heat of controversy over the Celáa law in Parliament, the High Court issued a ruling against the Catalan linguistic immersion model and established that all Catalan schools are obliged to do 25% of classes in Spanish. The Ministry of Education announced an appeal on the decision. Ciudadanos and the PP insisted that the ruling prevails over the law recently approved by the chamber.

Tensions due to covid-19

The limits of the Government

The High Court has often found itself in the dilemma of balancing between the urgency of protecting public health and the rights of citizens during the pandemic. On some occasions, certain measures taken by the government to deal with the coronavirus, such as the closure of bars and gyms last July, were temporarily suspended. Faced with this shock, the Government chose to request the endorsement of the High Court on several occasions before dictating certain restrictions that affect fundamental rights. Thus, situations of legal uncertainty were avoided.

Keeping the 14-F elections

Suspension of the Catalan Government decree

Unlike other times, this time the Government did not ask the High Court for endorsement before issuing the decree to suspend the 14-F elections, agreed on with the approval of all parties with parliamentary representation. After various civic organizations and extra-parliamentary formations challenged the decree, the High Court provisionally annulled it, cancelling a political decision to postpone the elections due to the severity of the pandemic.