The examining delegate of the Court of Accounts Esperanza García Moreno has “doubts about the sufficiency and legality” of the endorsements presented by the Catalan Institute of Finance to face the solidarity bond of 5.4 million euros imposed on the 34 high-ranking officials of the Generalitat of Catalonia who allocated that amount of public funds to actions abroad to promote the Catalan independence process (‘procés’).
After extending the term granted for the arrival of the guarantees by 48 hours, which should have been received before midnight on Friday, the instructor has not made a decision on whether or not to accept ICF endorsements, an institution that belongs to the Generalitat itself. Members of the Court of Auditors have expressed in recent days their concerns that the ICF may face bonds imposed for actions that have harmed the Generalitat itself, by assuming a millionaire impairment or deterioration of its assets.
García Moreno has resolved to ask the president of the Prosecution Section, the counselor Jose Manuel Suarez Robledano, to request a report from the State Attorney’s Office on whether or not an entity belonging to the Generalitat can protect possible accounting liabilities due to fraud or gross negligence.
The instructor’s doubts
As EL ESPAÑOL has learned, the examining delegate considers it necessary that the State Lawyers, “as soon as possible”, present a reasoned report on if “the provision of a guarantee with a guarantee of public funds constitutes the of possible accounting responsibilities “investigated by the Court of Auditors in relation to the promotion of ‘procés’ abroad.
A report is also requested on whether the indemnity principle that protects public officials so that they are not harmed by the legitimate exercise of their positions – a principle referred to in the decree-law of the Generalitat that creates a Complementary Risk Fund to face the guarantees of the ‘procés’ – se It can apply to those allegedly responsible for a loss of public funds committed with intent or gross negligence.
The investigating delegate also asked whether or not the Supreme Court’s jurisprudence “protects the indemnity of public officials and employees who act with intent or gross negligence.”
Finally, the instructor wants to know if “in short, our accounting responsibility system allows it to be, directly or indirectly, the injured entity itself, in this case the autonomous community of Catalonia, which represents all the members of the people of Catalonia, which guarantees with public money the possible accounting responsibility “of some exalted positions that” may have incurred accounting responsibility due to fraud or gross negligence ” .
The act of provisional liquidation of the prosecution file that affects the foreign action of the Generalitat concerns the former Catalan presidents Carles Puigdemont and Artur Mas; to the former vice president Oriol Junqueras and the former councilors Raül Romeva, Andreu Mas-Colell and Francesc Homs.
But it should answer 2.8 million; Homs, 2.9 million; Puigdemont and Junqueras, 1.9; Mas-Colell of 2.8 and Romeva, of 2.1 million euros.
As it is a joint responsibility, they all have a common obligation to take charge of the deposit and what each one delivers will decrease the overall amount they must face, until they cover the 5.4 million of the impaired Catalan treasury.
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