The Supreme Court has rejected Vox’s attempt to paralyze Pedro Sánchez’s investiture session scheduled for this Wednesday and Thursday. Santiago Abascal’s party asked to suspend the investiture, as a precautionary measure, within the complaint it filed on Tuesday against the acting president of the Government and the former president of the Generalitat Carles Puigdemont, but the high court considers that there are no “elements that justify “the appropriateness of suspension of the parliamentary act aimed at the investiture of the President of the Government.” In a ruling, the Criminal Chamber considers that the complaint has been received and appoints Judge Eduardo de Porres as rapporteur, in turn. In addition, it gives Vox a period of five days to provide a special power of attorney stating the people against whom the complaint and the crime are directed. The court, according to an information note, will rule in due course on whether or not to admit the complaint to processing.
The ruling of the Supreme Court is signed by judges Manuel Marchena (president of the Criminal Chamber), Julián Sánchez Melgar, Juan Ramón Berdugo, Carmen Lamela and Eduardo de Porres. The court had to rule in less than 24 hours on Vox’s request, somewhat unusual because it involved requesting, in the criminal field, a precautionary measure aimed at suspending a parliamentary act. When he went to the Supreme Court to present the complaint, Abascal launched a kind of order to the judges: “We think that this coup can be stopped in the courts and the Senate. And we expect everyone who has responsibilities to fulfill those responsibilities.” The leader of Vox assured that there were reasons to suspend the investiture, and, paraphrasing the statements of the conservative associations of the judiciary, which have described the agreement of the PSOE with the independentists as “the beginning of the end of democracy”, “abolition of the State of law” or “attack on the division of powers”, he was convinced that, if the judges are consistent with what they have said, “they will use all the legal tools in their hand to stop this assault.”
The court’s decision to dismiss the petition was made before considering whether to accept the complaint for processing. The court does not have a deadline to resolve this matter, and has only called on Vox to provide complementary documentation within five days. The complaint was filed for the alleged crimes of bribery, concealment or collaboration with terrorism, usurpation of functions of the Judiciary and negotiations prohibited to public officials. The document presented before the Criminal Chamber attributes to Sánchez “acts openly contrary to the duties inherent to his position,” which “involve agreeing with the wills of those who have committed or are being prosecuted for the most serious crimes against the constitutional and legal order.” According to the complaint, Sánchez “has committed himself as President of the Government of Spain to the dismemberment of the national unity of Spain (referendum or consultation equally contrary to the Constitution on a non-existent right to self-determination, denied by permanent and continuous constitutional doctrine that by known no citation required), to the collapse of the separation of powers, to the destruction of the equality of Spaniards” and of the democratic system.
The complaint includes a story of what was processes, the Supreme Court ruling of October 2019 and some of the other judicial derivatives open in the National Court or Catalan courts. The text focuses especially on the case of the Democratic Tsunami, where Judge Manuel García-Castellón has identified Puigdemont and the general secretary of ERC, Marta Rovira, as being investigated for a crime of terrorism. “The mere indication of knowing about the acts would be enough to adopt measures and even more so the confirmation of sharing and collaborating in achieving the purpose of the terrorist acts, which implies the intense involvement in these terrorist acts of the separatist leaders with whom they agree. the PSOE would be enough to provoke actions from the courts of justice to prevent these pacts from having any effectiveness,” the complaint states.
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