He constitutional Court has annulled the withdrawal of the seat of the former leader of Unidas Podemos Alberto Rodríguez carried out by the then president of Congress, Meritxell Batetfollowing his conviction for kicking a police officer during a protest in 2014 in La Laguna (Tenerife).
Legal sources have informed EFE that the decision has had the endorsement of the six votes of the progressive majority compared to the four against the conservative minority. Judge Juan Carlos Campo has abstained as the appeal affects his partner.
It is about of the second protection that the court of guarantees grants to the former deputysince on the 16th he already annulled the disqualification sentence imposed on him by the Supreme Court, and also opens the door to receiving compensation for the time he did not receive his salary as a parliamentarian.
This court sentenced him to one month and fifteen days in prison, which he replaced with a fine and an accessory penalty of special disqualification for the right to passive suffrage of 45 days. After that, Batet withdrew his status as a deputy, a matter that, like his conviction, Alberto Rodríguez also appealed for protection.
The first ruling corrected the Supreme Court’s sentence by declaring the principle of legality violated, understanding that the sanction of a fine (as a substitute for a prison sentence) cannot be tied to the accessory of special disqualification.
And based on this, this second sentence once again agrees with Rodríguez because once the prison sentence was annulledbecause it is replaced by a fine, as well as the accessory disqualification, it is not possible to apply the Organic Law of the General Electoral Regime that caused the loss of the seat, the sources add.
2024-01-31 15:54:31
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