The progressive majority of the Constitutional Court agreed this Wednesday to address the request of the state attorney generalÁlvaro García Ortiz, to remove Judge José María Macías, from the so-called conservative sector, from the deliberations on the amnesty law.
According to the order of the Plenary Court, Macías participated in the preparation and approval of the report of the General Council of the Judiciary (CGPJ), when he was a member of this body, on the aforementioned law. For this reason, he believes that the now magistrate could “have knowledge of the subject of the dispute and form a judgment to the detriment of due impartiality” and this is provided for in the causes of recusal numbers 13 and 16 of article 219 of the Organic Law of the Judiciary.
Specifically, the attorney general’s request was registered in the unconstitutionality issue raised by the Supreme Court to the Constitutional Court against the amnesty law. The conservative magistrates Ricardo Enríquez, Enrique Arnaldo, Concepción Espejel and César Tolosa have announced the formulation of a dissenting vote against the majority decision.
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