The former president of Congress Mertixell Batet is not going to be censured by the Constitutional Court for not having requested from the Government the pardon files of those convicted by the processes, since the regulations of the Lower House did not require it to do so. This has been the thesis that has been successful in the guarantee body to reject the appeal for parliamentary protection filed by the PP against Batet’s decision not to urge the Executive to deliver said documents to the chamber. Although initially there were members of the progressive majority inclined to support the challenge, in this Wednesday’s plenary session the criterion that the precedent should not be created was successful, imposing new functions on the president of Congress in her relationship with the Government.
The appeal for protection was presented by the PP spokesperson in Congress, Cuca Gamarra, after the Government refused to hand over said files to the deputies. The PP requested that the president of the Chamber demand the documents from the Executive, and the Board and its president considered that the Government had given well-founded reasons for denying it. One of the reasons for the refusal was that the files contained data that affected the right to privacy of those pardoned.
The speaker of the ruling, Judge Ricardo Enríquez, from the conservative sector, defended this Wednesday the proposal of his draft resolution, in which he estimated that the PP’s appeal should succeed because the rights of the deputies, who should have been was able to access the aforementioned files. The interventions of the magistrates showed that this thesis was in the minority. The rapporteur preferred that the draft sentence not be put to a vote and took on the drafting of a new text that would include the majority opinion. Therefore, in an upcoming plenary session a draft ruling will be voted on by which the Constitutional Court will reject the PP’s appeal.
The magistrates of the conservative sector of the guarantee body will prepare a dissenting vote against the sentence that is handed down, whose opposite meaning to the PP’s appeal was evident in the deliberation of the plenary session this Thursday. The thesis of this sector continues to be that the role of the presidency of Congress should be to protect the rights of the deputies if the Government denies the delivery of documents without convincing or insufficiently founded reasons.
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