Conflict between legislators and judges: conflicts in Europe with some examples spain

0
2
 Conflict between legislators and judges: conflicts in Europe with some examples  spain

In recent weeks an apparent game of cat and mouse has established itself in Spain, and it links the three powers of the state: executive, legislative and judicial. This is due to the future amnesty law: its immediate processing in the Cortes – as a condition imposed by pro-independence parties to invest socialist Pedro Sánchez as president – ​​runs parallel to the investigation of judicial cases, if The law prospers, will be deactivated. And the judges giving them instructions have stepped on the accelerator. Last November, when the junta and the PSOE were in full negotiations, it …

In recent weeks an apparent game of cat and mouse has established itself in Spain, and it links the three powers of the state: executive, legislative and judicial. This is due to the future amnesty law: its immediate processing in the Cortes – as a condition imposed by pro-independence parties to invest socialist Pedro Sánchez as president – ​​runs parallel to the investigation of judicial cases, if The law prospers, will be deactivated. And the judges giving them instructions have stepped on the accelerator. Last November, when Juntes and the PSOE were in full negotiations, studying how to limit terrorism crimes in amnesty, Judge Manuel García-Castellón – who had had the case open for four years – issued an order clarifying The form was pointed to a crime against fugitive former President (and Junts leader) Carles Puigdemont; The PSOE and Juntes then agreed to a new wording to avoid the charge and the judge issued a further order that expanded its possible scope. Something similar happened with another case involving a process directed by Barcelona judge Joaquin Aguirre. With each step taken by legislators, judges take another step in parallel; And vice versa.

It is difficult to find examples of this situation in Europe; It is also difficult or impossible to find a pardon having similar characteristics to the Spanish and directly linked to the support of any ornamentation. But there are few examples of conflicts between rulers—or legislators—and judges.

United Kingdom

On 1 May this year, the deadline imposed by the Troubles Legacy Bill (Legacy and Reconciliation of the Troubles in Northern Ireland) expires, under which everyone involved will be pardoned from that moment onwards – including those not yet prosecuted. Has not been prosecuted – for crimes committed during the three decades of sectarian violence that ravaged Northern Ireland until the 1998 accord between Great Britain and Ireland. On that day, judicial cases still alive will be closed (except those that are very advanced) and from then on, no new cases will be opened due to these events. This law is, basically, a general amnesty – with certain conditions – for all crimes committed during the 30 years of violence. More than 3,500 people were killed in that period, with British forces fully engaged in the war, facing terrorism from the IRA and unionist and Protestant paramilitary organisations.

Read Also:  Iberdrola makes the rest of the United Kingdom due to "regulatory strength"

Northern Ireland’s main political parties, their institutions, the British Labor opposition, the Dublin government, and even the US administration have opposed this amnesty, promoted by Rishi Sunak’s government, which, despite affecting both sides of the conflict, Designed almost exclusively. Army veterans being criminally prosecuted for dirty war crimes on Northern Irish territory have been acquitted.

Northern Irish judges have expressed their frustration to victims regarding their obligation to adjudicate cases, and in some cases they have expedited investigations to try to avoid the “guillotine” – as imposed by the amnesty law at the time. The limit is known – 1st of May. However, everyone has accepted the consequences derived from the law.

Six investigations have already entered the procedural stage. The other 13 are almost ready for trial. But the backlog of cases is piling up, and there aren’t enough coroners (judges who conduct preliminary investigations) to pursue them. “We are trying to inform the affected families, who are from different communities (Catholic or Protestant), and get the truth of what happened to them through a judicial investigation, that this is how it should be done . But with the mandatory time limits imposed by law, in some cases this will not be possible,” John Boucher, chief commissioner of the PSNI, the British police in Northern Ireland, admitted last Thursday.

Judge David Scofield, investigating the murder of five people at the hands of British soldiers in Belfast more than 50 years ago, echoed the widespread sentiment among the Northern Irish judiciary: “Along with other magistrates, I have decided that I will not hear any case. I will pick it up.” “The expectations (of the families of the victims) about the progress of their cases, because it may not be possible.” Last September he accepted the relatives’ request to speed up the process, because the amnesty would no longer apply if May 1. The only thing that remained pending was sentencing. “I’m going to do everything I can in a reasonable and realistic way to try to bring this case to a close. But there’s no guarantee that he’ll achieve that.” “And I have no doubt that other judges with similar cases, who don’t see a reasonable prospect of being able to conclude them, will avoid prioritizing them. “The resources available would be better spent on more advanced To be able to dedicate to research.”

Read Also:  A new Berlusconi signed in Colombia appears to change the distribution of the assets of his inheritance

France

It is difficult to find any example in the recent history of France of legislators and rulers fighting judges over a specific law. There is also no precedent for waivers given in return for the grantor’s beneficiaries supporting their investments.

The French Constitution explicitly recognizes amnesty. Since the establishment of the Fifth Republic in 1958, two great political amnesties have been granted; And both have been implemented not all at once, but in phases, each time expanding the criteria to qualify for measurement. The first was an amnesty for crimes committed during the war and Algeria’s independence, and between 1962 and 1968 it benefited people with more serious charges and sentences, until it reached General Raoul Sallan, one of the ringleaders of the coup. Went. General de Gaulle and head of the terrorist organization against the independence of Algeria, against the OAS. The second amnesty affected acts of violence in New Caledonia, a French territory in the Pacific, and was adopted in two stages: the Matignon Accords, which eliminated fears of the beginning of civil war in the region, they considered Did. An amnesty but bloody acts were excluded. In 1990, Parliament extended the amnesty to include these acts also.

Italy

Even in Italy, there is no precedent for an amnesty law, which is now being debated in Spain. However, the Transalpine country often experiences conflicts between judicial and legislative powers due to new rules already approved or in the parliamentary process. The main difference is that in Italy most of the judiciary leans towards the progressive class and it was during right-wing governments when the biggest clashes occurred. This happened with the law on corruption crimes called Colpo di Spugna, promulgated by Silvio Berlusconi. The decision was so controversial that top staff at the Milan prosecutor’s office, which had investigated the democracy’s biggest corruption case – Clean Hands – resigned. The judges refused to implement the rules, which also affected the then Justice Minister Alfredo Biondi and forced him to make reforms.

Since then, such clashes have occurred whenever a right-wing led government has been formed in Italy. The latest example is the Cutro Decree on immigration, which provides for expanding the cases in which migrants can be detained or extradited. This rule is not enforced by courts such as Catania. These days, in fact, the Supreme Court is hearing the State’s appeal against the judges of the said Sicilian city who did not implement it.

Germany

In Germany, judges are generally not identified with political leanings. It is very rare, if not unheard of, for political parties to accuse each other of having influence in the judiciary. At any level. The judges of the four federal courts (Supreme Court, Social Court, Administrative Court and Labor Court) are elected by a committee composed of 16 justice ministers of the federal states and 16 representatives of the federal parliament. Consensus is sought in elections and if there are discrepancies they do not reach the media. Concepts such as “conservative majority” or “progressive majority” in the courts are not part of the political debate.

Read Also:  Which airlines have the best first class service?

Yes, there are some precedents for controversial amnesty laws, but far back in time and very different from the Spanish case: the so-called Dreher Law, which was a blow to persecution of Nazi crimes in 1968. The text revised the statute of limitations at the time for crimes committed by collaborators of the Nazi machinery (not by the ordering hierarchs) and filed a number of proceedings against ordinary concentration camp personnel who helped carry out thousands of murders.

Portugal

In Portugal, conflicts between legislators and judges always occur after the criterion has been approved in the Assembly of the Republic, not while it is being processed. This has happened with several important laws such as the euthanasia law, which the President of the Republic referred to the Constitutional Court, and the law that should regulate the security forces’ access to metadata, which has been annulled by the High Court. In both cases, the text returned to Parliament, where legal reforms are usually incorporated. In this last legislature, the political battle has been more between legislators and the President of the Republic, Marcelo Rebelo de Sousa, than between legislators and judges.

The last apology granted in Portugal has nothing to do with the Spanish apology. It was awarded on the occasion of the Pope’s visit for World Youth Day last summer and is aimed at people under 30 with minor crimes and infractions. One thousand prisoners benefited from the pardon: the vast majority had their sentences commuted and 25% were released.

In half a century of the democratic era, Parliament has approved six amnesties (three for religious visits and three for political ones). The terrorists of the most controversial terrorist group, Fuerzas Populares 25 April (FP-25), which carried out attacks in the 1980s that killed 17 people, were pardoned. This amnesty, which was promoted by the President of the Republic, socialist Mario Soares, was approved only by the votes of socialists and communists.

Rafa de Miguel, Mark Bassetts, Daniel Verdu, Elena G. Information prepared by Sevillano and Terixa Constanilla.

LEAVE A REPLY

Please enter your comment!
Please enter your name here