The General Council of the Judiciary (CGPJ) has decided to issue an institutional statement in response to the "seriousness" of the words of certain politicians accusing judges of crimes. However, they recognize the parliamentary inviolability that deputies enjoy to issue certain expressions. This was agreed in an extraordinary plenary session convened by the president, Vicente Guilarte, at the proposal of the conservative members after the demonstrations made by the spokespersons of several parliamentary groups during the debate on the amnesty law, going so far as to accuse judges of prevarication.
The declaration has been signed unanimously by all members, both conservative and progressive, to make clear the seriousness of the accusations by political leaders against members of the judiciary, especially since people have begun to speak more lightly about the existence of "lawfare", that is, the judicial persecution against independence leaders.
In the Plenary Session of Congress last Tuesday, when the amnesty law was overturned due to the vote against Junts, it was used to launch disqualifications against the judiciary. Mainly these criticisms were voiced by Junts spokesperson, Miriam Nogueras.
In the chamber, references were heard to judges Manuel García-Castellón, Joaquín Aguirre and Manuel Marchena, who are handling cases linked to the process. Since this party closed an investiture agreement with the PSOE talking about "lawfare", criticism of educated judges that affects independence leaders is increasing.
According to the brief of the members requesting the Extraordinary Plenary Session, the reason for the call is to promote a statement by the CGPJ in response to the words of several “speakers from various parliamentary groups in the face of the acquiescence and silence of the President of the Cortes”, in reference to Francina Armengol.
In the declaration, the body of judges "firmly rejects certain manifestations and behaviors carried out by members of the Legislative Branch," while stating that they will continue to "defend the independence of the Judicial Branch residing in each and every one of the judges." and Spanish judges".
Thus, they demand respect for the independence of the Judiciary and that deputies avoid "disqualifications that could undermine public confidence in the judicial system." The Council once again defends the "institutional respect" that must exist between the powers of the State.
It mentions what was stated by the Advisory Council of European Judges, which mentions that “in the face of inappropriate interference, the powers of the State must cooperate loyally to restore balance and, with it, society's confidence in the proper functioning of the public institutions".
"We reiterate that judicial independence is a key piece of the Rule of Law and its defense is essential within the framework of the values on which the European Union is based and its safeguarding corresponds to all Powers of the State," the statement states.
The criticism is primarily focusing on García-Castellón, a judge of the National Court who is investigating the Tsunami Democràtic case for the crime of terrorism. The pro-independence party believes that he has accused former Catalan president Carles Puigdemont of a crime of terrorism to prevent the amnesty from being applied.
It was precisely for this reason that Junts finally decided to vote against the law and thus be able to continue negotiating with the President of the Government, Pedro Sánchez, to include all cases of terrorism linked to the process within the amnesty inclusions. With the current text, those cases that "manifestly and with direct intention have caused serious violations of Human Rights" are excluded.
There was also criticism from Podemos spokesperson Martina Velarde and Gerardo Pisarello, who spoke on behalf of Sumar, the other leg of the coalition government. After the barrage of criticism, the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, “clearly” showed his “absolute rejection” of these statements.
Since he was appointed Minister of Justice, Bolaños has been trying to make do with things so as not to discredit members of the Government or his partners, but trying to prevent the climate of tension and unrest that exists within the judiciary from continuing to escalate in the face of what they consider an attack from the executive and legislative power against the judiciary.
In this puzzle, the situation of the CGPJ itself does not help either, with an increasingly tense atmosphere. The conservative bloc is trying to force both the plenary session and the permanent commission to intervene in the public statements of politicians against judicial resolutions. The progressive bloc is trying to at least tone down the tone of frontal clash in the statements that are issued.
Even so, statements from both members of the Government and other parties have had to receive a response from the body that regulates judges. Two weeks ago, it had to issue a statement following the words of the third vice president of the Government, Teresa Ribera, who questioned the impartiality of the instructor in the Tsunami Democràtic cause.
The Permanent Commission understood that these demonstrations were "contrary to the principle of institutional loyalty, to the general duty to respect judicial independence inherent to a consolidated rule of law and member of the European Union, one of whose essential values is the separation of powers, essential to make the value of Justice a reality".
In an interview, Teresa Ribera pointed out in relation to García-Castellón that she has a “love” to always speak “in the same direction” in her instructions and to make decisions “at a particularly opportune moment.”
