Judicial associations reject Sánchez's "serious" words about the TC: "It is absolutely despicable"

They ask him if the next thing will be to change the law so that the deputies cannot request protection from the TC as the PP has done

MADRID, 16 Dic. (EUROPA PRESS) -

Judicial associations have rejected this Friday the "serious" words of the President of the Government, Pedro Sánchez, who has described as an "attempt to run over democracy" by the "legal right" the fact that the Constitutional Court (TC) called a full of urgency to discuss the appeal of the PP to the law that suppresses the crime of sedition, reforms that of embezzlement and modifies the election of the two magistrates of the guarantee court that corresponds to appoint the General Council of the Judiciary (CGPJ).

"We are facing an attempt to run over our democracy by the right, not only the political but the legal, cheered on by the media right and this is unacceptable," said Sánchez this Thursday, who charged in turn against what he considered a " crude conspiracy" by the right and extreme right.

"This is absolutely despicable. It deserves to be revealed. It is dangerous to put a system that works well to the test," warned the executive member of the Professional Association of the Magistracy (APM) Juan José Carbonero who has rejected "outright the quantum less comfortable statements" by the chief executive.

"He will have to identify who he recognizes as a legal right. It is one more example of an attempt to polarize those who form and make up the country's institutions. It is within an interested political debate. The person responsible for the words is the one who says them. He will have to explain the reasons for unnecessary polarization and tensions," he said.

In this context, Carbonero has made it clear that this Thursday's meeting in the TC -which was postponed to Monday- "is not an attempt at anything", but the "use by a political group of the instruments and mechanisms that the law of the TC makes available to those who are entitled to appear before it for administrative acts of a State power".

"Here all the institutions must be under the rule of law and must be subject to the Constitution, not only are the judges," recalled the member of APM, who has also criticized that the parliamentary groups speak of "attempted coups "of State by the magistracy.

In contrast to these statements, the magistrate has highlighted the words of the Defense Minister, Margarita Robles, who this Wednesday vindicated the work of the Spanish justice and stressed that the magistrates are dedicated to the application of the laws, not to their drafting. "They do not make the law. If there are rulings, they are of the law and they are not rulings of the judges," she assured.

For his part, the president of the Independent Judicial Forum (FJI), Fernando Portillo, described Sánchez's statements as "very serious", who should "know how the mechanisms of the Spanish Constitution work." "The TC has the obligation to pronounce itself when protection is requested," he recalled.

In this context, it has indicated that the Constitutional Court cannot refuse to respond to the aforementioned request for amparo. "What is going to be next, change the law so that the deputies cannot request protection? It will have to come to resolve. The rights of parliamentarians are the rights of the Spanish. If our representatives understand that their rights are being ignored in the end it is the citizen who is behind", explained Portillo.

Thus, the president of FJI has stressed that "what is being transmitted is that parliaments are above the Constitution." "No one is. The one who has to safeguard that is the TC. You cannot go out to delegitimize that because you are defending going back two centuries", he has added.

For Edmundo Rodríguez, a member of the Secretariat of Judges for Democracy (JJpD), "the important thing is to emphasize that the TC cannot intervene in the legislative process." "What the PP has raised causes this type of reaction. We have a problem and that is that the TC is not being renewed by the CGPJ", he highlighted.

In this line, Rodríguez has asserted that the reform proposed by the Executive "only seeks to overcome that blockade." "Everything else, these excesses of saying that there is a coup to change a law or qualify the TC... are statements typical of the democratic game but they do not reflect reality. There is neither a coup nor is the TC accepting it to meet and decide", he concluded.

The spokesman for the Association of Judges Francisco de Vitoria (AJFV), Jorge Fernández Vaquero, considers that these statements are based on "a problem of incapacity of the politicians who are in the Government, in Congress and in the Senate."

"They have shown themselves incapable of making decisions that allow for a normalized solution to the problems that the country has. Since they are incapable, they are using the State institutions to achieve a solution for their initiatives through heterodox means. They are taking the constitutional system to the limit and They are playing with fire," he warned.

In the opinion of Fernández Vaquero, the "problem is that they are helping this extreme risk" affect other constitutional bodies. "What the judges are doing is resolving issues that reach the courts. I think what is happening is that what the president's statements show is that he, members of his government and the vast majority of deputies are navigating in the waters of intellectual darkness", has settled.