The Superior Court of Justice of Catalonia (TSJC) has concluded the investigation phase in the case that affects Laura Borràs for dividing contracts when she directed the Institució de les Lletres Catalanes and has given ten days to the Prosecutor's Office to present a petition for opening oral trial and written accusation or to request the filing of the proceedings. In addition to Borràs, three other people are involved in this process for the alleged crimes of: continued crime of administrative prevarication, administrative fraud, false commercial document and continued crime of embezzlement of public funds.
Beyond the judicial horizon that awaits the new president of Junts per Catalunya, it should be borne in mind that another parallel path is also opening up in relation to her political positions. Since 2017, at the request of the CUP, there is an article in the Parliament's regulations, 25.4, which may mean that she loses the status of deputy and president of the Catalan Chamber. Said article states that "in cases in which the accusation is for crimes related to corruption, the Board of the Parliament, once the order to open the oral trial is final and is aware of it, must agree to the suspension of the rights and parliamentary duties immediately. If doubts arise about the type of crime or about the regime of incompatibilities applicable throughout the suspension, the opinion of the Commission of the Statute of Deputies is necessary".
Borràs, however, has always defended that she has not enriched herself with the ILC affair and that she has not pocketed any money. Therefore, he objects that there is no corruption. Thus, she could force the deputy's statute commission to issue an opinion on her cause. Taking into account the literal nature of the article in the Parliament's regulations, it would be necessary for the Esquerra Republicana and the CUP to save Borràs' seat.
However, the two formations have avoided ruling on the matter all this time, although they admit in the corridors of the Catalan Chamber that their cause has little to do with the others of the procés. Most likely, they will exhaust the deadlines to avoid any controversy and wait until the end to position themselves.
Another of the points that have been pointed out in the environment of the presidency is that this article of the regulations, which was included when the institution's regulations were reformed just before the 1-O referendum after pressure from the anti-capitalists, violates the presumption of innocence "I hope they do the right thing. Doing the right thing is never irrelevant. We complain about judges playing politics and now we have politicians playing judges? I don't need anyone to acquit me, because I haven't committed any crime. I don't need acquittal I need someone who is not supposed to judge me not to judge me," said Borràs in an interview with La Vanguardia at the beginning of May. In the environment of the president, in addition, they have suggested on occasion that if the partners in the Government let him fall, there should be consequences and JxCat should leave the Government.
Flour from another bag is what can happen in Junts, where until now they have always defended in public, with greater or lesser vehemence, their candidate in the last elections to the Parliament, as they also did during the management of the disqualification of the deputy of the CUP Pau Juvilla. Another thing is what is said behind.
Junts' current statutes state that "affiliate status will be automatically suspended for those subjected to criminal proceedings against whom an oral trial has been issued for crimes related to corruption, and those who have been convicted of any of these crimes.
In addition, it is highlighted that "the embezzlement of funds or actions linked to corrupt practices" and "conviction with a final sentence for any crime related to corruption" are very serious offenses since "they constitute infractions contrary to the statutes, the code of ethics and transparency and party regulations.
The president of the Parliament, in addition to denying corruption, has associated her criminal case with others opened against the independence movement as a result of the procés, and her party has not contradicted her, at least in public. That is why it is also uncertain what happens in her organization.
In any case, Junts is in a congressional process that will conclude in mid-July and the organizational documents are pending approval again. There they will be fixed, black on white, what the conditions are. But with political will, as is the case with the Parliament's regulations, the effects of what the regulations stipulate can be minimized.
