The Supreme Court has joined the almost unanimous offensive of the entire judiciary to the political agreement initialed between the PSOE and Junts last week in which the way is opened for parliamentary investigation commissions to assess whether they existed cases of “instrumentalization of justice” – the so-called lawfare – to harm political opponents during the process. These possible inquiries would focus especially on the so-called Catalonia operation.
The ruling room of the High Court met yesterday for several hours to draw up a statement that was signed unanimously, by both conservative and progressive magistrates, in which it warns of the risk that maneuvers like this torpedo respect for the division of powers.
The agreement states that the exercise of the jurisdictional function “is always in line with legality, the defense of the Constitution and the safeguarding of the rights and freedoms of all citizens, in particular, of equality in the application of the law”.
The statement shows the concern of the highest court that the new scenario, with the approval of the amnesty law and the Junts’ demands, will cause a frontal attack on judicial independence.
The court sees the division of powers of the State as incompatible “with the supervision or supervision of jurisdictional work by other powers of the State” which follows from the agreement signed between the PSOE and Junts.
The statement of the Supreme Court judges – drawn up before the proposal of the amnesty law was known – is added to those issued last week by the General Council of the Judiciary (CGPJ), all the judicial and prosecutor associations, both conservative such as progressives, deans and provincial hearings, in addition to other bodies within the judicial world.
The PSOE has tried to qualify the agreement with Junts to ensure that these inquiries are limited to commissions in the Congress of Deputies. In addition, they insist that at no time do the socialists admit the existence of such judicial persecution, but leave it open for Carles Puigdemont’s party to raise it.
Sources from the High Court are pessimistic about the scenario that opens for fear that they could be investigated by Parliament if they do not adopt judicial decisions in line with the interests of the parties that will support the Government.
It is for this reason that all the magistrates in the ruling room of the Supreme are in agreement that their voices should be raised in the face of this possible attack on the division of powers and they trust that Europe will take cards.
An example of the delicate situation in which the courts can find themselves is the case of the former president of the Parliament Laura Borràs, who feels that she is the victim of this persecution after being convicted of violating public contracts and who could demand that it be investigated during the commission the judges who have instructed or judged your case. And this is one of several cases to which the agreement could be extrapolated.
Legal sources claim that the tension will become palpable when the amnesty law is promulgated and the judges begin to interpret it and make decisions. Although the text registered yesterday in Congress very concretely determines the segment in which the judges can move, the courts have some leeway.
In the most paradigmatic issue, the review of the conviction of the leaders of the process for sedition – and later modified to embezzlement of public funds after the repeal of this crime – and the handing over of Carles Puigdemont, the Supreme Court can act through a double track The Penal Chamber could raise a question of unconstitutionality on the one hand and a prejudicial question before Europe on the other. Both would put the application of the amnesty on hold. The law has tried to avoid this paralysis by stipulating that neither appeals nor questions before the Constitutional Court can suspend the application of the amnesty. However, a question could even be raised against this clause.
Sources of the judicial career are clear that after the publication in the Official Gazette of the State of the law, and with Pedro Sánchez sworn in as Prime Minister, all the focus and public pressure will be focused on judges and courts, with a a particularly careful look at the Constitutional Court and European justice, which will have the last word.
