The Popular Party has embarked on a legal battle to try to consolidate in public opinion the idea that the President of the Constitutional Court (TC), Cándido Conde-Pumpido, is arbitrary in its form of Direct the Guarantees Organ. In this … Context, eleven Autonomous Communities, all of them governed by the party chaired by Alberto Núñez Feijóo, have presented many other supplies against the decision of the TC to extend the challenge of magistrate José María Macías to all the resources presented against Amnesty’s law.
The writings, different from each other and elaborated by the legal teams of the party and of each of the autonomies, coincide in ask for nullity of the decision because they understand that the challenge of Macías, requested by the Prosecutor’s Office and adopted by the Guarantees Body, must be applied exclusively to the cause in which it was presented, and not to all the resources related to the legal deletion of the ‘procés’ . PP sources framed this choral decision as a way of making an amendment to the way of proceeding of the Constitutional Court under the baton of Conde-Pumpido. «Rarely», They insisted from the main opposition party,” twelve resources have been presented against the way of acting of the TC. “
As ABC said Thursday, the popular resource asks for the nullity of this resolution, approved by the progressive majority that Cándido Conde-Pumpidhit»To the right of the parties to a fair and equitable process. In line with this argument, the magistrates of the conservative group had denounced in a particular vote contrary to this decision that extrapolate the challenge of macías to all the resources of unconstitutionality violated not only the rights of the exvocal of the General Council of the Judiciary (CGPJ), but also those of governments and Autonomous communities of the PP that the amnesty appealed because they have been deprived of the process of allegations. Popular Party sources pointed out that in their appeal they denounce this violation of the right to make allegations about the challenge of the magistrate and also of the principles of contradiction and Equal weapons.
«The Constitutional Court has affected totally and absolutely the procedure legally established By extending to all the causes his decision to separate a magistrate without giving hearing to the parties in the other processes, which are at least 21. In the opinion of the sources mentioned, that self -evidence that the constitutional does not apply to himself or Even the standards that have been demanding Other jurisdictional bodiesguaranteed by article 24 of the Spanish Constitution and enshrined both by its own doctrine and by the European Court of Human Rights.
«In the PP We are not going to stay still Given what we understand is a violation, precisely by the Constitutional Court, of our fundamental rights recognized and guaranteed in the Spanish Constitution, ”they point out.
«Legal creativity»
In their particular votes, the magistrates of the conservative group accused the progressive majority of acting «No legal or preceding support»By extending the macías challenge to the 16 resources and six issues of unconstitutionality related to amnesty. Judge Enrique Arnaldo came to qualify the TC car as an example of «Legal creativity». The magistrates agree that the decision of the plenary to extrapolar the first of the challenges to all others has meant a “manifest helplessness” for the affected. In addition, they denounced the violation of temporary and formal budgets, such as the common period of three days for the parties to manifest whether they adhere or oppose the cause of proposed challenge.
«Without legal support or in the preceding decisions of this court it is unknown Not only the right to intervene and claim those who have been part of the procedures in which they bring causes the issues of unconstitutionality, but also of the representations of those who integrate the general courts and of twelve regional governments and three parliaments from different autonomous communities», Those who hold constitutionally qualified legitimation, said magistrates Concepción Espejel and César Tolosa.
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