The Renewal Of The Constitutional Court Determines The Decision Of The “Procedural” Appeal

2021-02-26   |   by CusiGO

Like the judiciary, negotiations on the renewal of the constitutional court have encountered major obstacles and are still deadlocked. The main problem is a name proposed by the people’s party, which is proposed by Nicolas Gonz á lez Cuellar, a professor of procedural law. The PSOE expressed reservations about the candidate’s qualifications, although acknowledging the value of his high qualifications and theoretical contributions.

The difficulty with this candidacy stems from earlier statements by Gonzales on the proceedings, which may determine his questioning of the issue. The people’s party’s sources did not deny this, but thought it was an avoidable shortcoming, because their contribution to the Constitution during their nine-year term would be more important than the difficulties initially assumed.

In any case, in the Constitution itself, concerns are expressed about the problems that may arise from new challenges. Gonz á lez Cuellar is the author of a very critical book on trial, entitled the moment of justice. The attempt of independence coup in Catalonia, the trial, and the same statement. This may mean that he has to avoid taking part in the adjudication of trial resources, as justice Antonio navaz did, characterizing the independence attempt as a “secret coup” at a meeting in 2017. A week ago, after a period of constitutional tension, he decided to drop an appeal from a political prisoner because he was worried that the Strasbourg court of human rights would rescind the Criminal Court’s decision because of the participation of a judge whose impartiality had been questioned.

The defence counsel for the convicted person is in trouble on this matter and may raise further questions. Conservative justice sources criticized that the PSOE is working with Gonzalez on a “two pronged approach” because other constitutional judges have explicitly talked about the lawsuit, but have not been questioned.

The constitutional court is now most concerned about the management of trial resources, and it hopes to avoid the risk that its decisions may be challenged by Strasbourg courts. The next plenary session will consider 15 of these applications for constitutional protection. Most importantly, Carles Mundo, the former attorney general, challenged the Supreme Court’s verdict, which found him guilty of disobedience. The remaining cases involved decisions taken by the criminal chamber during pre-trial and oral trials, which the defence claimed violated the fundamental rights of the independent leaders and their voters, claiming that they refused Those indicted exercise their elected functions.

The Constitution provides for litigation resources to be resolved by the summer. Since his impeachment last October, he has frozen them. The court cannot deal with these issues until it decides whether the judge can participate in the decision. The constitution recognizes that this long period of doubt has wasted valuable time. If Nawaz had abstained in October, many of the pending appeals would have been resolved.

On the other hand, any further challenge will mean that the constitution must stop the work of this chapter again. Court sources said that the president of the court, Juan Jos é Gonz á lez Rivas, should have conveyed this concern to the negotiators of the Convention on constitutional renewal, The sole purpose of not mentioning a specific name is to make the parties aware of any consequences and risks that may arise from their agreement. Gonzalez Rivas, a judge of the court, will be re elected along with Vice President nkanacion Roca, judge Fernando Valdez, who resigned last October, and Andres ollillo.