The pro-independence partners of the Government want different judges to appear in the investigative commissions in Congress that they have agreed with the PSOE in which they intend to clarify whether there has been lawfare, that is, political use of justice. But the Government has made it clear this Tuesday that judges and magistrates have no obligation to attend investigative commissions.
The Minister of the Presidency, Justice and Relations with the Cortes, Félix Bolaños, wanted to make it clear, after the meeting of the Council of Ministers, that this debate “is resolved very clearly” and has used the Constitution, the organic law of the Council General of the Judicial Power and the Regulations of Congress.
“From this legal and constitutional framework it follows that the commissions can neither review judicial decisions nor bind the courts,” the minister indicated in reference to article 76 of the Magna Carta. And he added that the law itself also establishes that “judges and magistrates have no obligation to attend investigative commissions.”
Furthermore, the head of Justice has added that the appearance of judges and magistrates in investigative commissions “would not be of any use either because all the knowledge they have of these criminal cases is from having been the judges and magistrates of those procedures, and it is just the that the law prohibits it from being revealed”. For all this, he has concluded that this is a debate that “resolves very clearly.”
The General Council of the Judiciary (CGPJ) will discuss in its plenary session this Thursday the legality of the newly created parliamentary investigation commissions to detect alleged cases of lawfare, at the request of conservative members, who consider it necessary for the body to adopt a ” resounding position” against the “harassment” of judges and magistrates.
Their origin is part of the agreement reached by the PSOE and Junts to invest Pedro Sánchez as president of the Government, where there is talk of creating investigative commissions whose conclusions “will be taken into account in the application of the amnesty law to the extent that they could.” situations that fall within the concept of ‘lawfare’ or judicialization of politics may arise, with the consequences that, where appropriate, may give rise to liability actions.”
