The legal maneuvers for a backward march in the indulgences of ‘processes’

Every six months, since the reform of casacso resource (2015), the magistrates of the five sections of the Sala Tercera (content management) del Supreme Court rotan to form the First Section, called the Resource Admission Room, which is responsible for distributing resources between the different sections. It supports the salaries of one of the magistrates and magistrates of their respective sections and the entry of others and others that the substitutes, y, assimilation, the redistribution of punishments.

Through the collection of all the resources to the independent Independent Leaders (located on each of the new independent Independent Leaders in the juicio del ‘procés’) the week passed by the magistrates of the fifth section of the citation Sala Tercera, the magistrate ponente, Angel’s Hat, according to this preview, has submitted its section to be incorporated into the new Admissions Room for its six months. La sustituye la magistrada Inés Huerta.

However, as soon as it was discovered, the tint had been made in the sentences that had been filed against all the appeals against the indictments granted by the Gobierno. judicial posture, the proof of the new circle of judicialization of the policy-politicization of justice. And if the case is well known, then the section that has denied the parties and political leaders their right to reconsider, the corresponding sentences are in the process of elaboration with them of particular votes contrarios.

Camino del Constitucional

The deroted parties immediately announce a new appeal, this is the first Tribunal Constitucional. But now, when the cars are unveiled, van to present a duplicate resource before the same section that they denied the right. Exactly by the composition of the tribunal which it will resolve. Elemental! But, as Sherlock Holmes also said, “there is nothing more engaging than a hecho obvio”.

Veamos.

The fifth section, to deny the parties and leaders their right to reconsider (active credentials), Has a doctrine modified and consolidated? The answer is immediate: on the occasion of resolving the appeals filed by Vox and by the PP against the actual decree of number as the general tax authorities of the State of Dolores Delgadothe report, the first of November passed, by lack of identification of the recurrentes.

There is no limit to the number of plans. Además, in ad mode, sentence: ‘politicians, we do not want us to be manipulative’. Es decir: al denegar el derecho a recurrir the indulgences, the section which applied the week passed to the table of jurisprudence.

Can you change the sentence?

The substitution in the fifth section of the Third Chamber of Angel’s Hatof the progressive progressive sector, by Inés Huerta, of the sector called conservator, put a change in the profile of the mayor of the tribunal charged. Of the three magistrates who appealed against the other cases, there were three conservators against the progressives.

Do you understand, therefore, the meaning of the sentence? In the case of the claims of Vox and PP against the numbering of the General Tax of the State, the magistrates conservators eran minority in the quarter section. As such, it does not meet the requirement of being mayor, so requires the organic power of the Judicial Power (LOPJ) as the regulator of the Administrative Contingency Jurisdiction (LJCA), in order to be heard in the Plenary Court.

But let it be known to you that the President of the House, César Tolosa, lo llevara al pleno, habida cuenta de que puede hacerlo de oficio. For these companies. Pero solo obtuvieron 9 sobre 32 magistrados de la Sala Tercera. Inés Huerta is between the companies.

The ascent is given in the quarter section. And the mayor supported the power of the magistrate Pilar Teso to get Vox and PP credentials to retrieve the number. The Master Inés Huerta has in its possession a relevant position regarding the right to recover the active credentials. And it is, precisely, in a sense of indulgence.

Affected and offended

The Supreme canceled in June 2015, by a mold defectthe indulgence that the Gobierno of the PP conceded in 2013 to Miguel Ángel RamírezEmbassy of the Security and Presidency of UD Las Palmas, held three years in prison to carry out illegal eviction proceedings in a protected area, at an institute instituted by Ecologists in Action.

The Huerta magistrate and his colleague Diego Córdoba hicieron a particular vote in which oponían al derecho a recurrir. “The recurring association, although having the final statute ‘defending and preserving the medium ambience’, intended as a generic medium-interest interest, does not have the condition of affected by the offense“.

But, attention, add: “For what only tender active credentials to impose the decision of indulgence and hub on the part of the criminal proceedings mediating the ownership of the popular action, on the public nature of the medieval delights. Sin embargo, no interview pudiendo hacerlo “.

However, a popular accusation confirms that the condition of the party is not met “affected by the offense. juicio del ‘procés’ to justify your active credentials to recover. For this reason, the Huerta magistrate agreed with the magistrates’ statements that he had voted in favor of the right to collect Vox, giving the tortoise the tortilla in the first question of identification.

Potestad question

“You can change the section to doctrina jurisprudencial has a precedent set as that which affects only the indulgences, do you believe that one of all the sections of the Sala Tercera? “, asks a judicial source. He responds: the pleno “.

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Pero, apart from the legitimacy, queried the fund debate. Y según la magistrada Inés Huertael indulto es “una potential faculty is not susceptible to being fought in a judicial manner, salvo when the traumas established for his adoption are planned (or when he is in control of tactical support, he is advised, broadly speaking, a arbitration arbitration, written with a general character). His concession or denunciation is an act which is not the subject of Administrative Law “.

However, although in the final the issue of legitimacy was not a step in the right direction and the decree of indulgences was not included, the extension of this issue would allow the right to maintain the support of Damocles over the Government. And so, exactly that, is what you can deny it Spanish Judicial State.