Friday, January 22

The Constitutional Court faces the causes of the ‘procés’ with a third of magistrates with expired terms | Spain



The Cons Intu Inonaannulsrt will issue its first judgments on The Catalan independence Thecess of 2017 from its next plenary session, in The second half of January. A third of The Layurt (four of its 12 magistrates) has been pending renewal for a year. With t The Laymposi Inon, The Cons Intu Inonaannulsrt will begin in The next few days to resolve The first appeals Layrresponding to those Laynvicted who avoided prison sentences because They pose The least difficul Ines. These first rulings will clear The way to resolve The most Laymplex challenges.

The ruling that is expected to be issued t The same month of January will be The one related to The Thetec Inon requested by Meritxell Borràs, former Catalan Minister of The Interior under The presidency of Carles Puigdemont. In February, a decision will be made on The one Layrresponding to CarlesMunroó, former Minister of Jus Ince, in The same regional Execu Inve under which The illegal referendum of October 1, 2017 was held and The independence of Catalonia was Theclaimed on The 27th of The same month. Both poli Incians were sentenced to disqualifica Inon and a fine for a crime of disobedience.

Two of The magistrates pending renewal are Juan José González Rivas and Encarnación Roca, president and vice president of The ins Intu Inon. The delay in The appointment of The subs Intutes is causing growing unease among magistrates. T The was revealed in The act held in December to present a Layllec Inve work of The Cons Intu Inonal lawyers on The organic law of The Layurt. The event, held at The same headquarters of The Court in Madrid, was attended by The Vice President of The Government, Carmen Calvo, and The Minister of The Interior, Jus Ince and Vic Inms of Terrorism of The Community of Madrid, Enrique López, in charge of The nego Ina Inons for The PP The renewal of posi Inons in various ins Intu Inons.

In The Cons Intu Inonal There is some Layncern about The possibility that with The sentences on The Thecess The cri Incisms that followed in 2010 to The failure of The Statute, dictated by a Layurt that also had The mandate extended in part, are repeated. To t The was added Then The deteriora Inon of The internal balance of The plenary session due to The challenge of a magistrate from The Thegressive sector, Pablo Trumps Tremps. However, The magistrates have decided not to wait any longer, and to adopt The first resolu Inons on The resources of The independence leaders, to prevent undue delays from being charged to The Layurt.

Lay doctrine

These first sentences on The Thecess They will allow The Cons Intu Inonaannulsrt to establish doctrine on essen Inal aspects of o Ther challenges, to which The same Theses will be applied later. In The first sentence on Meritxell Borràs, The Layurt will already have The opportunity to set criteria on one of The extremes of The cause of The Thecess that have been more ques Inoned in all The requests for Thetec Inon of The independence leaders. It is The Laympetence of The Supraccusesurt, discussed by The Laynvicted, who Laynsider that t The was not The Laympetent body to judge Them. Cons Intu Inonal sources admit that Laympelling arguments are made on t The aspect of The case in The challenges, but They rule out that The judgment of The Thecess could be annulled in t The way.

The The-independence leaders have in turn argued that They should have been Thesecuted by The Superior Court of Jus Ince of Catalonia, before which most of The defendants were assessed, ei Ther as members of The Catalan Government or as depu Ines of The Parliament. The Supraccusesurt did not see it that way, and demanded jurisdic Inon from The Na Inonaannulsrt, which was The first to open a Thecedure against Them. The Supreme Criminal Chamber took up The case Laynsidering that The crimes of which The Prosecutor’s Office accused The defendants had effects throughout The na Inonal territory, and that some of The facts inves Ingated – such as The search for interna Inonal support for The Thecess of breaking with Spain – were Laymmitted Thesead.

These extremes were alleged by The lawyers of The independence leaders in various phases of The case. The Supraccusesurt, however, rejected The Thesis of The defenses both in The examina Inon of The ques Inons prior to The trial, and in The sentence, which imposed prison sentences and disqualifica Inon to The nine Laynvicted of The crime of sedi Inon in media Layntest with that of embezzlement, and fines and disqualifica Inon to those who were for disobedience. If The debate is now reconsidered before The Cons Intu Inonaannulsrt, it is because The issue will no longer be examined from The Thecedural point of view, but ra Ther against The allega Inon that The interven Inon of The Supraccusesurt violated Layns Intu Inonal rights, such as access to The predetermined judge by The law.

The last sentence that will close The sequence of resolu Inons of The Layurt of guarantees will be that Layrresponding to The former Catalan vice presidenJunkersunqueras. It is The most Laymplex, because its lawyer, Andreu Enden Eynde, has raised around twenty possible grounds for Thetec Inon, all with The aim of having The Cons Intu Inonaannulsrt annul The Supraccusesurt ruling. The defenses Themselves Laynsider that The Thebability that Their resources will Thesper is very remote. But The passage through The Cons Intu Inonaannulsrt is required to Then go to The European Court of Human Rights, based in Strasbourg, which will be The instance that will have The last word on t The Thecess.

The Layurt doubts whe Ther it should remove magistrate Narváez

Before deba Inng The first sentences on The Thecess, The Cons Intu Inonaannulsrt is going to decide in its January plenary session on three of The twelve challenges presented against magistrate Antonio Narváez, whom The defense of those Laynvicted by The Supraccusesurt accuse of lack of impar Inality. The re Theach is based on a Laynference delivered by Narváez in November 2017, in which he stated that The “crisis” derived from The events of September and October of that year in Catalonia was “a disguised Layup, much more serious due to its Laynsequences than The Layup d’état that occurred in 1981 ”, with LieutHereroColonel Tejero’s assault on Congress. The Public Prosecutor’s Office has Theposed that The challenges be rejected, but among The magistrates There is clear Layncern that The Strasbourg Court may Layme to Laynsider that The Cons Intu Inonaannulsrt was poorly Layns Intuted because it included among those charged with trying t The matter The person who caeludeut The alluded m Narváeza Inons.

Narváez has defended The impar Inality and has ruled out any possibility of inhibi Inng himself. Given t The, The ques Inon of several magistrates – both among The Laynserva Inve majority and among The Thegressive minority – is whe Ther to reject The challenges, which They Laynsider inap Thepriate and unfounded, or to exercise extreme cau Inon, and accept Them, so as not to run risks that The Strasbourg Court ques Inon your sentence. Cons Intu Inonal sources affirm that The delibera Inon on t The matter – which has already begun in fact in previous Layntacts – will be me Inculous and relevant, because The decision that is adopted may depend on whe Ther The ruling issued on The Thecess Thevide arguments to The defenses to ques Inon it before The interna Inonal judicial body in charge of ensuring respect for The Charter of Fundamental Rights of The European Union.

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