Los senior judges from more than 80 judicial districts They have joined all the associations of magistrates in their rejection of the pact signed between the PSOE and Junts contemplating that Congress can investigate an alleged lawfare. They call this mention “unacceptable”, in addition to an “obvious interference in judicial independence” and a “breakdown of the separation of powers”.
This Anglo-Saxon term refers to the false judicial cases that seek to stop the political aspirations of a person or group. Podemos, for example, often complains of having suffered in several judicial proceedings against him.
Now, the socialists and the post-convergents mention it in the agreement signed by both factions this Thursday, which does conceive that this phenomenon has occurred in Spain in recent years. The document also contemplates that the commissions that will be created in the Congress of Deputies for this purpose can investigate these alleged malas praxis judicial.
José María Asencio, judge: the expression “lawfare” implies that “there is no separation of powers”
In a joint manifesto released this Friday, the senior judges of 82 territories oppose this mention. “The undersigned [manifiestan su rechazo] before the document signed by the PSOE and Junts to facilitate the investiture,” they point out.
Next, they adhere to the statement signed by all judicial associations, both those labeled conservative and those considered progressive: the Professional Association for the Judiciary (APM), the Francisco de Vitoria Judicial Association (AJFV), Judges for Democracy (JJpD) and Independent Judicial Forum (FJI). “We expressly adhere to its content,” say the deans.
“We also show our rejection due to references to lawfare and the ‘judicialization of politics’ and its consequences,” they add. “The text of the agreement reached [entre PSOE y Junts] contains explicit references to the possibility of developing investigative commissions in parliamentary headquarters in order to determine the presence of situations of judicialization of politics, with the consequences that, where appropriate, could give rise to liability actions or legislative modifications,” they warn. .
“This could mean, in practice, subjecting judicial procedures and decisions to parliamentary review with evident interference in judicial independence and breakdown of the separation of powers“, they warn.
After this, they emphasize that, as ordered by the Spanish Constitution of 1978, judges will only be subject to the “rule of law.” “These expressions, insofar as they reveal any distrust in the functioning of the Judiciaryare not acceptable”,
The senior judges who sign said document belong to the following judicial districts: Alcalá de Henares, Pamplona, Santander, Jaén, Murcia, Valencia, Oviedo Hospitalet de Llobregat, Girona, Lanzarote (Arrecife), Seville, Melilla, Lugo, Ourense, Cáceres, Palencia, Palma de Mallorca, Ibiza and Formentera, Barcelona, Huelva, Torrent Badajoz, Algeciras, Albacete, Cádiz, Toledo, Jerez de la Frontera, Pontevedra, Segovia Vigo, Marbella, Gandía, A Coruña, Sabadell, Santiago de Compostela, Bilbao, Dos Hermanas, Logroño, Almería, Móstoles, Las Palmas de Gran Canaria, León, Lleida, San Sebastián, Granada, Alicante, Zamora, Mérida, Huesca, Elche, Zaragoza, San Cristóbal de La Laguna, Central Investigative Courts of the National Court , Ferrol, Burgos, Guadalajara, Valladolid, Castellón, Madrid, Málaga, Santa Cruz de Tenerife, Alcalá de Henares, Alcobendas, Arganda, Colmenar, Collado Villalba, Coslada, Getafe, Leganés, Móstoles, Navalcarnero, Parla, Pozuelo de Alarcón, Torrejón from Ardoz, Torrelaguna, San Lorenzo de El Escorial, Valdemoro, Majadahonda and Ponferrada.
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