A group of prestigious judges and jurists from the Balearic Islands, among whom are José Castro – known for directing the investigation of the Nóos case – and Juan Pedro Yllanes – who resigned from presiding over the trial against Iñaki Urdangarin and Infanta Cristina to access politics with the help of Podemos – have sent a letter to the President of the Government, Pedro Sánchez, to urge King Felipe VI to announce his resignation to the inviolability.
In the letter, they recall that on May 9, 2022, “Doña Carmen Calvo, currently president of the Council of State, reported on the efforts made to, without reforming the Constitution, eliminate the privilege enjoyed by the head of State and that It would allow all kinds of abuses to be committed without being held accountable before Justice which, if applicable, could leave affected people defenseless. Proof of the above is the report that, two months earlier, the anti-corruption attorney general had issued on certain actions carried out by the previous head of state.”
The letter, published by the local newspaper Breaking Newscontinues like this: “More than two and a half years have passed since Mrs. Calvo reported the failure of that administration, there is a broad consensus about the danger that democracy is in. For this reason, those of us who join this writing consider that any exception that may question a foundation of democracy such as the equality of all before the law, as any person can understand it and as, in fact, appears written in Article 14 of the Constitution contributes to promoting authoritarian solutions and, therefore, weakening democracy.
Concerned about the delay that has been occurring in the adoption of a political decision that establishes an interpretation of articles 56 and 64 of the Constitution that rules out any appearance of exception with respect to what is established in the aforementioned article 14, we ask that, from the Government that you preside over, tell the head of State to expressly and publicly renounce the privilege that Juan Carlos I also enjoyed.
We consider that the speech he will give on December 24 may be a very appropriate moment to announce such a resignation, especially after the celebrated words he gave on the 11th of this same month in Italy, in which he referred to ‘memory’ as shared awareness in both countries about ‘a past that should not be repeated even as a caricature’.”
It should be remembered that the same group of jurists sent a letter in January of this year to the Minister of the Interior, Fernando Grande-Marlaska, in which they demanded that all information related to the surveys that the former president of the Government Adolfo Suárez would have been commissioned be declassified. , several years before the approval of the Spanish Constitution, to know if public opinion, in the context of the Transition, preferred a monarchical or republican State. The polls gave victory to the proclamation of a new Republic in Spain, but the details surrounding this matter remain in the black hole of official secrets.
The preparation and results of such surveys had slept the sleep of the righteous for several decades until a ‘slip’ by Suárez himself worked against him. In an unpublished interview that the journalist and official biographer of the Transition, Victoria Prego, conducted in 1995 with the former politician and that would be revealed by La Sexta Columna in November 2016 – no less than 21 years later -, Suárez acknowledged that, when in 1977 He promoted the Law for Political Reform that would legally eliminate the structures of the Franco apparatus, he introduced in it the words ‘king’ and ‘monarchy’, with provisions such as “the King sanctions and promulgates the laws” or “the President of the Cortes and the Council of the Kingdom will be appointed by the King.”
“I put the word king and the word monarchy in the Law and thus said that it had already been submitted to a referendum,” literally justified the former politician, who, in this way, avoided an express consultation on monarchy or republic and ensured the permanence of the dynastic institution without even having been submitted to a popular vote.
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