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MADRID, 13 Jun. (EUROPA PRESS) -
The lawyers of the Congress advocate that the Table of the Congress reject the processing of the bill presented a week ago by the PNV to limit the scope of the inviolability of the King that appears in the Constitution. As they argue, this proposal invades the provisions of the Magna Carta and cannot be touched with a law, even organic, but, in any case, it should be done through a constitutional reform.
The initiative of the PNV, presented by its parliamentary spokesman, Aitor Esteban, consists of adding a second point to article 55 bis of the Organic Law of the Judiciary (LOPJ) to enable the Supreme Court to examine the actions of the King that do not have the endorsement of the Courts and those that are not related to the management of the Head of State. That is to say, the inviolability would be maintained for his own functions as a constitutional monarch and for the organization of the House of the King, but private acts such as his private business would no longer be protected.
The objective of the bill is to put an end to the all-encompassing interpretation that has been holding back judicial and parliamentary investigations into the private activities of Juan Carlos I. According to Aitor Esteban, it would have been better for a Crown Law to develop the constitutional provision of inviolability for exclude private acts, but since that norm has never materialized and is not on the agenda, the PNV opted for the path of reforming the Law of the Judiciary.
But the PNV proposal has collided with the legal services of Congress, as has already happened with a specific law of Compromís and Más País on the inviolability of the Crown. According to a report collected by Europa Press, the lawyers argue that "it is not admissible" because it supposes "a normative development contrary to the legal regime of the inviolability of the Head of State" that appears in the Constitution.
In his opinion, these are the "essential elements of the Crown" that are included in Title II of the Constitution and cannot be regulated through a bill. In other words, if you want to change, you can only do it via constitutional reform.
The report of the lawyers, which is not binding, is in the hands of the Congress Table, which at its meeting on Tuesday will be the one to decide whether or not to accept the initiative. Although the PSOE and United We Can have a majority in the governing body chaired by Meritxell Batet, they tend to vote differently on issues related to the Head of State since the socialists align themselves with the legal services, along with the PP and Vox.
