"There was no misuse of funds." That was the forceful statement by Together for Catalonia (Junts) on the facts in the case sent to trial last Friday against two MPs from the Republican Left (ERC), Josep Maria Jové and Lluís Salvadó, and against the current Catalan minister of culture, Natàlia Garriga (also ERC). The case is centred on the roles that the three played in the preparations for the Catalan independence referendum of October 1st 2017, and one of the charges against Jové and Salvadó is misuse of public funds. This offence is not only in the spotlight as the subject of a possible law reform by the Spanish government, but also, in this Catalan context, has now sparked a debate on whether the charge against the MPs requires the application of article 25.4 of the Catalan Parliament's regulations, which contemplates the suspension of parliamentary representatives in the event they are sent to trial. The Junts party, though, has closed ranks and made its position clear: they rule out asking the Parliamentary Bureau to consider whether Jové and Salvadó should be suspended. According to the ACN, the party maintains that "the October 1st referendum is not a crime" and that is why they claim that "no misuse of funds was committed". The position was agreed this Monday by the party executive.
Last Friday, Junts president Laura Borràs already explained that her parliamentary group would vote against the application of article 25.4 of the Parliament's regulations, assuming that the Catalan chamber would apply it. In fact, it was this same article that the Bureau used in July to suspend Borràs herself as speaker of the chamber after the opening of her trial - in the ILC contracts case - was announced. Aurora Madaula, second secretary of the Bureau and Junts representative on the Parliaments' procedural body, had spoken along the same lines. Madaula stated that the case of Jové and Salvadó "must be brought to the Bureau", but stressed that, when it was, she would vote against the application of 25.4. Sources close to Laura Borràs pointed out the possible inconsistency: "What cannot happen is that the opening of the trial is announced and the Bureau does not make any decision", even though they are opposed to suspending Jové and Salvadó.
What does article 25.4 say?
Article 25.4 of the parliamentary regulations explains what the chamber must do "in cases where the accusation is for crimes linked to corruption". "Once the opening of the trial is final and notification has been received, the Bureau of Parliament must agree to the suspension of parliamentary rights and duties immediately", it indicates. The text adds that "if doubts are raised about the type of crime or about the regime of incompatibilities applicable during the suspension", the opinion of the house's committee representing the rights of MP is required.
Right now, the cases of Jové and Salvadó are not on the agenda of the meeting that the Bureau will have this Tuesday, but any member of the chamber's procedural body (which now consists of 2 members from ERC, 2 from the Catalan Socialists (PSC), one from Junts and one from the left-wing CUP) may raise it during the meeting. On the part of ERC, there is no debate: "We do not feel challenged by article 25.4. We are not dealing with a case of corruption, but with people accused of having contributed to putting out ballot boxes", said ERC spokesperson Marta Vilalta this Monday. "Anyone who believes that the 1st October is corruption, has lost their head", she asserted. Paradoxically, the PSC defends that "the regulations must always be complied with" and that "the implications they have for all MPs must be observed." In conclusion, the Socialists believe that it is "an issue that must be decided by the Bureau", and thus, the body should pronounce on whether to suspend Jové and Salvadó.
A key trial over referendum spending
It could be a critical court case for the future of the relationship between the Spanish Socialists (PSOE) and their Catalan pro-independence allies, ERC. On Friday, the Catalan High Court announced that it had concluded its investigation and ordered the opening of a trial against the current Catalan culture minister, Natàlia Garriga, and the ERC deputies Josep Maria Jové and Lluís Salvadó, for their roles in the preparations for the 2017 independence referendum when they were senior officers in the Catalan economy ministry. Jové and Salvadó are being prosecuted for disobedience, abuse of authority, misuse of public funds and disclosure of secrets, which could involve high prison terms. Garriga is being prosecuted for serious disobedience to judicial authority, which is punished with a ban from holding public office.