The Supreme Court has inadmissible the complaint that the ultra Vox party filed against the president of the Congress of Deputies, Francina Armengol, for allowing the use of co-official languages in the plenary session on September 16, before the Chamber’s Regulations were modified to allow it. The court rules out any trace of the crime of prevarication and reminds Santiago Abascal’s party that even if the use of Basque, Catalan or Galician was not expressly authorized in the plenary session, that “does not mean that its use could not be used.” The decision of the Supreme Court, known this Tuesday, represents a new failure in the judicial battle opened by Vox against the Government, the socialists and the independence parties, since it has already seen the complaint against Pedro Sánchez rejected for the alleged crimes of bribery, concealment or collaboration with terrorism, usurpation of functions of the Judiciary and negotiations prohibited to public officials and the precautionary request to suspend the investiture plenary session.
Vox filed the complaint against Armengol on September 27, in which it accused the second authority of the State of incurring a crime of prevarication for “non-application of the Congressional Regulations”, understanding that the authorization of other languages “not known by the total number of Congress deputies was carried out without legal coverage and their power to certify the authenticity of the interpretations, thus preventing the correct exercise of democratic representation.” The ultras understood that Armengol acted “outside the law, knowingly and with a clear desire to violate the regulations (…) despite being expressly warned” by Vox.
The Supreme Court does not see any of these arguments. The Criminal Chamber considers that “the authorization for parliamentarians not to use Spanish as a mandatory rule”, and, therefore, they were allowed to use other official languages of the State, “took place in a context of modification of the Regulations.” of the Congress of Deputies to allow this situation, a modification of the Regulations that took place two days later, the authorization in Parliament of languages other than Spanish being approved in the new wording. The magistrates explain that the fact that it was not expressly authorized that September 19 “does not mean that its use could not be authorized, in the way in which it was used, and in accordance with the modification that was going to take place two days later.”
The magistrates point out to the Vox complainants that the crime of prevarication that they accused of Armengol has to be better argued and, above all, that the knowingly unjust decision has been adopted to violate constitutional principles and values. Said crime, the judges write, “requires that the imputed action be illegal, unjust and arbitrary, which is not filled by mere contrariety to the law, but rather it is necessary that this contrariety to the law be a contrariety to constitutional principles and values.” .
The court clarifies that a mere illegality “is susceptible to being corrected through the use of police regulations, even judicially, restoring the broken legality, but the crime of prevarication requires an additional contrariness with the norm that causes an injury to values and constitutional principles that do not occur in the denounced fact.”
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Vox has also filed a complaint against the general secretary of Congress, Fernando Galindo, whom it accuses of prevarication for not opposing the processing of the Amnesty law proposal that the PSOE registered after agreeing on it with ERC and Junts. In his report, which is not binding on the Congress Board, the senior official indicated that, although there may be doubts of constitutionality about the text that the TC will judge at the time, there is no “obvious or obvious contradiction” with the Constitution that vetoing its processing would be justified. With this, the governing body of the Chamber, with the majority held by PSOE and Sumar, processed the initiative.
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