The Constitutional Court (TC) will address in its plenary session next week the challenge formulated by the Prosecutor’s Office against Judge José María Macías – framed in the conservative bloc of the Court – to exclude him from the deliberations on the question of unconstitutionality raised by the Supreme Court (TS) against the amnesty law, based on a presentation that recommends removing him.
The Prosecutor’s Office, in a letter signed by the State Attorney General himself, Álvaro García Ortiz, challenged Macías, alleging that when he was a member of the General Council of the Judiciary (CGPJ) He spoke up to two times in texts with “institutional value” about the Amnesty Lawwhich would contaminate him to now participate in the TC deliberations on the legal norm.
The Public Ministry launched this challenge within the framework of the question of unconstitutionality of the Supreme Court. However, it is expected that the decision adopted by the TC on Macías in this matter will be extended to the other challenges against the amnesty.
The sources consulted by Europa Press they advance that it is most likely that the challenge will be upheld carried out by the Prosecutor’s Office and the magistrate is removed.
It was on December 3 when the Plenary agreed to open a separate piece to analyze the challenge against Macías, with the presentation falling on the progressive magistrate Inmaculada Montalbán.
It should be remembered that the challenges launched against Macías by the State Attorney’s Office in the appeals presented against the amnesty were rejected as untimely.
The Plenary also rejected the challenges made by the PP and the autonomous communities that it governs against the president of the TC, Cándido Conde-Pumpido, and the also progressive magistrate Laura Díez.
Thus, until now the only judge excluded from the debates on the amnesty is Juan Carlos Campo, who decided to abstain because, as Minister of Justice, he said that the amnesty was “clearly unconstitutional” in the reports in favor of pardoning those convicted of the ‘procés’.
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