The possible disqualification from office of the Catalan president, Quim Torra, would, if confirmed, make it necessary for some of his functions to be transferred to the vice president, Pere Aragonès, and at the same time, could also put the spotlight on the speaker of the Catalan Parliament, Roger Torrent, since there are strong indications the Catalan Parliament's procedural Bureau - which Torrent heads - will have the power of decision on setting in motion the countdown to Catalan elections.
These factors will come into play if, as expected by most commentators, the Spanish Supreme Court rules out the appeal it heard last Thursday against Torra's removal from office for disobedience. In response to this scenario, Torra's party, JxCat, says it has opened negotiations with the other pro-independence forces to find a unitary response to a disqualification, but warns that this agreement "would have to include everything." Among the issues to be agreed upon would be the electoral calendar, but also the interim functioning of the Catalan government and how those functions of the president that remain active - not the case with all of them - would be exercised. "We are a coalition government, with a pact for the legislature. So this has to be agreed on," asserts a JxCat source.
"Aragonès won't be president"
In this regard, JxCat spokesperson Elsa Artadi points out Aragonès - from the other major pro-independence party, ERC - would in no scenario "be president" of the government and therefore, in the face of a disqualification of Torra, it will have to be seen "what can be done and what cannot" with the powers of the president, among which is the coordination of the Catalan Government.
Both JxCat and ERC are awaiting legal advice on the scenarios that might be raised about the distribution of these functions.
Catalan Parliament is key
Another issue is Parliament. In this regard, JxCat warns that speaker Roger Torrent will become a "key element" in the "response to events". The tension between JxCat and Torrent - also from ERC - is well-known. JxCat will not cease to recall the fact that it was Torrent who, at the last minute, suspended the session of Parliament due to vote on the investiture of Carles Puigdemont as president on January 30th, 2018. As well, the Bureau led by Torrent went ahead and removed Quim Torra's seat (and vote) as an MP after he was convicted by the Catalan High Court for disobedience. Hence the wake-up call.
"The truth is that there is a vacuum, as the rules of Parliament did not foresee interference by the justice system in this way," admits Artadi, warning that it would not make sense to make a decision on coordination in the government, if Parliament were to respond differently.
In fact, according to JxCat, the agreement between the two governing pro-independence forces in the face of a possible disqualification should also include the political strategy in Madrid, how the dialogue table is approached, how to run in the elections, and with what points in common.
What Artadi has assured is that the president will not call elections before hearing the Supreme Court's ruling. ERC demanded this morning that elections be called before the result of the case is known, but Artadi considers that it would be "irresponsible" to do this, in the midst of a pandemic. She also said that for the president to take such action would "not be good either for the independence movement or for his denunciation of the violation of his rights."
Reforming the sedition law: a smokescreen
As for the Spanish government's proposal to reform the Penal Code with regard to the crime of sedition, she said that it was a "smokescreen" as well as a "carrot" to attempt to seduce pro-independence parties to support the Socialists on the Spanish government budget.
Artadi warned that the overall solution to Spain's conflict with Catalonia, requires an amnesty for all those affected by judicial and police action, and that the crime of sedition must be suppressed because "no democracy can have political discrepancy as a crime"; therefore, the only possible course is repeal.