The Query Of The Constitution On The Resources Of “Procedure”

2021-02-01   |   by CusiGO

The constitutional court spent a long plenary session last week, failing to address the most relevant issues it had to address. This is the first sentence for the trial of prisoners, involving former female prosecutor Meredith Searle Boras. But there is also a real substantive issue that stands in the way: internal disagreement over whether justice Antonio navaz should be removed from the list, which the defence has challenged.

Lawyers for the independent leader accused navaz of losing any semblance of justice at a meeting in Granada in November 2017, where he said the crisis caused by the events in Catalonia in September and October of the same year was “a secret coup, Because the consequences are much more serious than the coup of 1981, in which Lieutenant Colonel Antonio tejero attacked Congress.

All the formalities necessary to make a decision have been completed. Both the office of the prosecutor and the national law firm submitted their respective reports, both of which objected to the challenge. Navaz himself replied that there was no reason to refuse or withdraw from the plenary session of the tribunal when it was necessary to discuss and make decisions related to the proceedings.

Although there is nothing to stop the court from making a ruling, the fact is that last week’s plenary did not even begin to discuss the issue. Constitutional sources say this is because there is no clear opinion on how to solve the problem.

The problem is not to determine what to do, but to reach a consensus on what to do. The main criterion is that navaz’s speech at the above-mentioned meeting was careless, praising the then attorney general, Jos é Manuel Maza, for his death in November 2017, Navaz enjoys a high position in the constitution, but at the same time, many judges think that it may not be advisable for him to stay in the court to solve these problems.