Conde-Pupid emphasizes that « all public authorities » are subject to the decisions of the Constitutional | Spain

The president of Constitutional Court, Cándido Conde-Pumpid, stressed on Wednesday « the subjection of all public authorities to the supremacy of the Spanish Constitution, and the decisions of this court, which interprets it. » Conde-Pumpid was expressed in these terms in an act dedicated to Women's Day, on March 8, held at the headquarters of the Guarantees Body, in which he referred to the Judgment of the European Court of Human Rights (ECH Proces.

The case referred to by the president of this Court meant the inadmissibility of a lawsuit from the former vice president of the Catalan parliament, Josep Costa, and another 31 independentist of Junts. This demand questioned the open cause to the members of the Table of the Autonomous Assembly chaired by Roger Torrent for the alleged crime of disobedience, for processing initiatives in favor of self -determination and against the monarchy.

Conde-Pumpido stressed that the Strasbourg Court has found that « the alleged interference that the recurring denounced in the competence of an autonomous parliament were manifestly unfounded. » He added that in the four resolutions appealed the guarantee organ had limited himself to exercising his powers to impose his decisions « in extreme circumstances », in which the unity of Spain was « at risk ». And he stressed that the Constitutional then acted « applying the powers attributed by the Constitution itself and article 92 of its Organic Law. »

The allusion to this article 92 becomes special relevance in view of the reactions raised by the records in which the Supreme Court has rejected the admission of complaints against members of the guarantees body, but affirming in parallel that from this institution it could be incurred in an eventual crime of prevarication if decisions that result “pure and simply the product of its will will be adopted. regulations ”. This mention has assumed that various opposition leaders, including the leader of the PP, Alberto Núñez Feijóo, stressed that the members of the Guarantee Body « are not exempt from prevaricating. »

Article 92 of the Organic Law of the Constitutional provides that this Court may « declare the nullity of any resolutions that contravene those dictated in the exercise of its jurisdiction, on the occasion of the execution of these, prior hearing of the Fiscal Ministry and the body that dictated them. » Sources of the Progressive Group of the Guarantees Body interpret that the mention of this precept implies a clear message about what the Constitutional's own reaction could be if the Supreme Court admitted any complaint against members of this court for decisions they had made. The answer – the sources consulted add – could be to directly cancel said admission.

These same sources underline that such a situation should not be raised, given that article 4.2 of the same Organic Law already establishes that « the resolutions of the Constitutional Court may not be prosecuted by any other jurisdictional body of the State. » The supreme himself mentioned this precept in the resolutions in which he inadmit The convictions for the case of the ERE of Andalusia. Later another complaint of the organization Tying Cabos arrived, presented as « Association against prevarication. » In the records dictated to inadmit these initiatives, the Supreme added that, in short, there is a narrow channel to act against the Constitutional, and that it could not be done whenever this Court would act “in an argumentative way, supported in terms of constitutional legality”.