Confusion and debate after the final annulment of the decree that regulated the last elections to the Chamber of Commerce by the Superior Court of Justice of Catalonia (TSJC). The legal services of the Generalitat continue to analyze the order, but in any case the Government rules out advancing the elections, according to sources from the Department of Business. This position contrasts with the opinion of various legal sources consulted, who consider that after the resolution of the TSJC there is no other way than to declare the suspension of the aforementioned decree, appoint a provisional administration for the Chamber and launch the elections with renewed regulations.
The uncertainty remains after the controversial plenary session on Wednesday, in which a manifesto of support for the Council of the Republic was approved, a new shield without a crown and the reduction of the so-called silver chairs, those reserved for large corporations in exchange for a contribution economic. It was also agreed to start the tender to build a new building in 22@, with an investment of 55 million, thus rescuing an old project of former president Miquel Valls.
The TSJC has refused to admit for processing the last appeal against the annulment of the decree presented by the Generalitat in 2020, with Àngels Chacón in the Conselleria d'Empresa and Quim Torra in the presidency. Previously, the Supreme Court had rejected another resource from the Generalitat against the same sentence of the TSJC.
The Department of Business argues that the TSJC has annulled the decree that regulated the elections but does not question their results and, therefore, there is no reason to now change the government team headed by Mònica Roca. In any case, Empresa assures that it has been working for months on the preparation of a new decree for the next elections, which in principle should be held next May.
Given that the electoral procedure is cumbersome and usually requires between four and five months, it is estimated that the planned deadline would practically be reached.
On the contrary, several legal sources are of the opinion that although the TSJC order does not mention the electoral results, it invalidates the basis of the entire voting procedure and, therefore, also the results. Those consulted believe that this does not imply annulling all the actions of the current team, except for those that have been appealed, because there is a legal principle of conservation of administrative acts so as not to harm third parties.
Legal sources warned, on the other hand, that “businesses will closely monitor the development of the new Law of Chambers so that fundamental rights are respected with a transparent process and with legal certainty so that episodes such as those experienced in last".
The sentence on the decree was appealed by the previous Government, but the current one has also been active in other legal cases. Mercedes Cuyàs, partner of Area Pública Abogados, is critical of the Generalitat for the decision to appeal everything. This lawyer coordinates the cases for violation of fundamental rights undertaken by businessmen who denounced that their votes had been unfairly annulled in the electoral count. On this matter there is already a first ruling of the TSJC recognizing that violation of rights. “An appeal on fundamental rights is usually resolved in eight months. We've been here for three and a half years,” she says.
