The Popular Party has resorted this Thursday the order of the Constitutional Court that last week extended the challenge of Judge José María Macías to the unconstitutional appeal of the Parliamentary Group against the Amnesty Law. The popular ask for the nullity of this resolution, … approved by the progressive majority that leads Cándido Conde-Pumpidoconsidering it a “outrage” to the right of the parties to a fair and equitable process. In a particular vote contrary to this decision, the magistrates of the conservative group denounced that extrapolating the challenge of macías to all the resources of unconstitutionality violated not only the rights of the exvocal of the CGPJ, but also those of the governments and autonomous communities of the PP that have They resorted to the amnesty because they have been deprived of the process of allegations.
PP sources pointed out that in their resource before the TC, the popular denounces that violation of the right to make allegations about the challenge of the magistrate and also of the principles of contradiction and equal weapons.
“He Constitutional Court It has affected totally and absolutely of the legally established procedure «by extending to all causes its decision to separate a magistrate without giving audience to the parties in the other processes, which are at least 21.
In the opinion of the sources cited, that car evidence 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 will not remain still at 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.
In their particular votes, the magistrates of the conservative group accused the progressive majority of acting “without legal or preceding support” by extending the macías challenge to the 16 resources and 6 issues of unconstitutionality Amnesty related. 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, not only the right to intervene and claim those who have been part of the procedures in which they cause the issues of unconstitutionality, but also of the representations of those who make up the General Courts are unknown and of twelve regional governments and three parliaments of different autonomous communitiesS », who hold a constitutionally qualified legitimation, said magistrates Concepción Espejel and César Tolosa.
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