Spanish political life, and not just economic life, is going from shock to shock, as has just been stated. the result of the Catalan electionswhose analysis we will leave for another day.
In the matter that interests us today, the Government intends to respond to each judicial setback with a new move on the chessboard of high vanities, where true power is at stake. Who is in charge of the Public Prosecutor’s Office? The President of the Government made it clear and explicit. Who is over the judges? That is what is now being clarified.
The ‘punctus dolens’ up to now has been the ruling of the Third Chamber annulling the appointment of prosecutor Dolores Delgadoformer Minister of Justice and former Attorney General of the State, as a Public Prosecutor under the Democratic Memory Law.
In the past, public contracts were resolved on hunts, as García Berlanga showed us with plasticity and humour in Escopeta nacional; today, as in the times of the tandem Bermejo (former Minister of Justice) and Baltasar Garzón (powerful judge of the National Court until his expulsion), they are also resolved on farms in Castilla-La Mancha. Today the tandem is formed by Garzón and Dolores Delgado.
In such a situation the panorama has become grotesque. How can we think that a state attorney general would recuse the Supreme Court judges who must judge whether their appointment has also resulted in a misuse of power? That is to say, that the Government has used public powers or faculties for purposes other than those provided for in the legal system. To put it more clearly, If his appointment was illegal.
The State Attorney General’s Office is not usually a dish of pleasure, except for those who legitimately aspire to reach the top of their professional aspirations, see for example the appointment of Eduardo Torres Dulce, one of the best prosecutors with prestige and authority in the race, who nevertheless resigned from his post in 2014, after being appointed by the Rajoy Government in 2012.
Also It has something to do in some cases with worldly vanity.which as Tom Wolf wrote can become the bonfire of the vanities. Also, from another perspective, It is an honor to serve your country. It all depends on the color and intention with which it is used.
Lately, however, Since Sánchez became president, very political appointments have been made Such as Dolores Delgado, who after her appointment as Minister of Justice (2018-2020), was appointed without interruption as Attorney General of the State (2020-2022). After that, she sought her position first as a prosecutor of the Military Chamber and then for the Prosecutor’s Office that was created ad hoc in the Law of Democratic MemoryThese latest appointments have been annulled by the Supreme Court, calling into question the actions of the State Attorney General.
That same Third Chamber annulled the appointment of the president of the Council of State, Magdalena Valeriofor not being a jurist of recognized prestige. It seems that the government excesses pretending to name his political allies For high-level state bodies of a non-governmental nature, it is irritating to Sánchez, who is accustomed to governing at his own whim.
Something of this, adapted to the present times, is reminiscent of the history of political ideas, to simony or appointment of high ecclesiastical officialsa common practice in the High Middle Ages and the Renaissance. It might seem that there is nothing new under the sun, even if it is dressed in modern clothes by changing it for political affinity to achieve the government’s purposes.
The recusal of the Supreme Court (TS) Magistrates who are to judge him It resembles Puigdemont’s attempts to challenge his judgesAlthough it is not something similar, but it is an example of historical recusals, there is that of Serrano Suñer, already removed from his political positions, in the fifties of the twentieth century, when acting as a lawyer for the Canadian company Barcelona Traction Light and Power Company Limited (the most important bankruptcy of the twentieth century in Spain) he recused all the judges of the Provincial Court of Barcelona. Imagine how the matter ended.
Attention should be drawn to the fact that the calculated recusal by the Attorney General called by legal imperative to be resolved by the 61st Chamber of the TS, may not only warm the corporate hearts between prosecutors and magistrates of the TS, but the most worrying of divide the TS, labeling the affected or disaffected judgesin an attempt to Controlling the bias of your resolutionsFrankly, all of this seems to me to be nonsense.
The Chamber of Article 61 of the Supreme Court, composed of the President of said Court, the Presidents of the Chambers and the most senior and most recent Magistrate of each of them, hears the incidents of recusal of the President of the Supreme Court, or of the Presidents of the Chambers, or of more than two Magistrates of a Chamber. In this case, Those directly affected by the recusal will be replaced by those who are appropriate..
It goes without saying that beyond the final result, the figure of Alvaro Garcia Ortiz will go down in history for one reason or another. This is how things stand, dear readers, in the highest levels of Justice in our country, where lawfare or judicial persecution seems to have begun.
Coda final
The result of the Catalan elections leaves open the question of whether the current situation of instability that has come to an end after the Catalan electionsthe President of the Government needs a long hand in the prosecution to smooth out the legal difficulties so that the fugitive Puigdmont is not the stone that moves his government, or in any other case, to twist the judicial arm in his favor. For this reason, the pulse of the TS recusals is vital for his interests. Bad times for judicial independence or, in another case, for the expansive genius of the rule of law if there are no brave people who want to be its protagonists.
Source: www.lainformacion.com
