The judicial career, through its four associations, have reacted practically immediately after learning the details of the agreement between the PSOE and Junts for the investiture of Pedro Sánchez and in which both endorse opening investigation commissions to act against judges who had gone against the Catalan independence movement.
The Professional Association of the Judiciary (APM), the Francisco de Vitoria, the progressive Judges for Democracy and the Independent Judicial Forum have agreed to show their concern about the "lawfare or judicialization of politics" and its consequences .
According to them, the text of the agreement reached contains explicit references to the possibility of developing investigative commissions at parliamentary headquarters in order to determine the presence of situations of judicialization of politics, with the consequences that, if applicable, could give rise to judicial actions. liability or legislative modifications.
"This could mean, in practice, subjecting judicial procedures and decisions to parliamentary review with evident interference in judicial independence and bankruptcy of the separation of powers," the four associations point out.
The statement recalls that judges must be subject only to the rule of law, since this is expressly established in article 117.1 of the Constitution.
"These expressions, insofar as they reveal any distrust in the functioning of the Judiciary, are not acceptable. The Judiciary in Spain is independent, does not act under political pressure and has a system of jurisdictional guarantees that eliminates the risk that is pointed out" , they conclude.
For weeks now, there has been concern from the judicial career about the negotiations between the PSOE and the Catalan independence parties to achieve the investiture of Pedro Sánchez as President of the Government.
Last week, the conservative and majority APM chose to release a statement in which it warned that the amnesty that is being prepared for all those prosecuted by the procés was a delegitimization of the Rule of Law and the Legislative Branch, and annuls the Judicial Branch, “the last containment dam against abuses of power, arbitrariness and inequality before the law to privilege a few, the political class.”
In that statement, the APM described the amnesty as the "beginning of the end of our democracy", breaking the rules of the 1978 Constitution and "blowing up" the rule of law.
However, the rest of the associations considered it more appropriate to wait to learn about the proposed law before taking a public position. It is the same line as that maintained by the acting president of the General Council of the Judiciary, Vicente Guilarte, who despite showing his enormous concern about the amnesty understands that it is necessary to first know its wording.
However, once the agreement between PSOE and Junts was known today, the race has taken a step forward after the signing, especially by the socialist party, of a document that talks about "lawfare", the terminology used by the independentistas to talk about judicial persecution.
For the judicial career, with this agreement it is assumed that in Spain people are persecuted for their ideas, something contrary to the rule of law and democracy,
