The former president of the Congress, Mertixell Batet, is not going to be censured by the Constitutional Court for not having demanded from the Government the pardon files of those convicted by the procés, since the regulations of the Lower House did not oblige her to do so. This has been the thesis that has prospered in the body of guarantees to reject the appeal for parliamentary protection filed by the PP against Batet's decision not to urge the Executive to deliver these documents to the chamber. Despite the fact that initially there were members of the progressive majority inclined to support the impeachment, in Wednesday's plenary session the criterion that the precedent should not be created has prospered, imposing new functions on the president of Congress in her relationship with the Government.
The appeal for amparo was filed by the spokesperson of the PP in Congress, Cuca Gamarra, after the government refused to hand over the files to the deputies. The PP requested that the president of the Chamber demand the documents from the Executive, and the Bureau and its president considered that the Government had given well-founded reasons to deny it. One of the reasons for the refusal was that the files contained data that affected the right to privacy of those pardoned.
The rapporteur of the ruling, magistrate Ricardo Enríquez, from the conservative sector, defended this Wednesday the proposal of his draft resolution, in which he considered that the appeal of the PP should succeed because the rights of the deputies had been violated, who should have been able to access the aforementioned files. The interventions of the magistrates showed that this thesis was in the minority. The reporting judge preferred that the draft judgment not be put to the vote and assumed the drafting of a new text that would reflect the majority opinion. Therefore, in a next plenary session, a draft judgment will be voted on by which the Constitutional Court will reject the PP's appeal.
The magistrates of the conservative sector of the body of guarantees will prepare a particular vote against the sentence that is issued, whose opposite sense to the appeal of the PP was made clear in the deliberation of the plenary session this Thursday. The thesis of this sector continues to be that the role of the presidency of Congress should be to protect the rights of deputies if the government refuses to hand over documents without convincing or insufficiently substantiated reasons.
Subscribe to continue reading
Read without limits
Read more
I'm already a subscriber
_