The document the Law on the immunity of Oriol Junqueras will not satisfy the requirements of ERC that its president to be released and set aside the judgment of the procés, but maintained that he had been allowed out of prison to complete the paperwork to be a euro mp. So in the mouth of politicians is this an issue that a collective of lawyers of the State refused this Sunday, “any attempt of interference or pressure” before the Law made public its report, on which the organ has had an intense debate.
The attorneys of State have been debated for two weeks, the situation of the immunity of Oriol Junqueras as a euro mp and how it should be applied to the sentence which was passed last December 19 by the Court of Justice of the European Union. The document will be sent is expected this Monday, the Supreme Court, which is the one that should decide. The compliance of the sentence to Oriol Junqueras for sedition and malfeasance is unquestionable, and of what it is to express their opinions on the interpretation of the arising of the european court.
To be the Law of the State of a body that depends on the Government, the policy has come into play in full and the republicans have conditioned their agreement with the PSOE to this report of the legal services of the State. In any case, the text endorses any requests of ERC, the party that presides over Oriol Junqueras and calling for his freedom and the annulment of the judgment.
The conditions of the ERC far exceed the capabilities of the State bar, point to sources of the PSOE. Even though the republicans have been subject to that writing their support to the endowment, the future political and judicial Junqueras does not depend on the report of the legal profession, but of the Supreme Court, who was the one that went to the Court of Justice of the EU for expressing an opinion on the scope of the immunity of the leader of ERC after leaving elected mep in the european elections of may 26.
According to the judgment the european, the Supreme court should have lifted the preventive detention of Junqueras to take possession of his seat. But the situation has now changed because the leader of ERC is not already in remand prison, but sentenced to 13 years in prison for sedition and malfeasance. The legal sources consulted indicate that, after the conviction, the demand of CKD that may be released and the cancellation of the judgment have no legal sustenance. Although the Law did support that in their time were to pick up the certificate, the situation has changed when you have produced the judgment and weigh about Junqueras a final conviction.
The possibilities now pass by grant Junqueras a permission to leave the prison and go to the headquarters of the Central Electoral Board to abide by the Constitution and even to Brussels to take possession of the seat in the Parliament. In its proposal of June, the Advocacy was in the first step, far from what is asked for CKD, but also of the Court of Justice of the European Union said they should have done. The legal services of the State never were in favor of leaving to Junqueras on probation, but asked that he be allowed to go to the Board of Elections watched over by the police and to be transferred back to the jail after completing the formalities.
Rejection to the pressures
The arguments that you can use the Advocacy will be examined by ERC with the utmost care, taking into account that for the republicans the voice of the legal profession is the Government, an interpretation that the sources socialists added many nuances. According to these sources, the Government may not dictate a report to the State bar.
The discomfort of the situation for this organ was yesterday revealed to a statement from the Board of Directors of the Association of the bar of the State, which presides over Fernando Bertran Girón. “Before the recent information published, the board of directors of the Association of the bar of the State rejects any attempt of interference or pressure, and especially of threat that its purpose is to distort or condition the exercise of the functions of the legal profession of the State.”
The text also argues that the lawyers of the State must act in their pleadings and reports “with strict adherence to criteria of technical-legal”. And he adds: “We are legal professionals and public servants by the opposition that we guarantee since 1881 the submission to the Law and to the Right. That is what unites us”.
Both forcejo with Advocacy has led to this release that the Government has not surprised. Nor CKD can give you instructions of how to act this body of the State, nor the opposition can take for granted that the lawyers in the State are going to write with political criteria and of the party, interpret sources socialists.
Citizens does not trust due to the history of Edmundo Bal
Citizens has been and is very belligerent with the Government, stating that there is a history of pressures at the State bar. “It would not be the first time that the Government of Sanchez tries to attack the impartiality of the legal profession”, stated yesterday the spokesman for parliamentary Citizens, Inés Arrimadas.
refers to the mp of your group Edmundo Bal, who was the attorney for the State in the case of the procés and did not want to accept the directions of the Government. Bal argued that Junqueras was accused of rebellion, even though the judgment of the Supreme concluded that there was no such but sedition. With these facts, Joined to said. “Of course I have reasons for thinking that in their negotiation with CKD, the Government try to push to the Bar.”
The own Bal showed yesterday his satisfaction with the statement of the association of Lawyers of State with the warning that they were not going to accept pressures or interference of any kind and that their criteria will be strictly legal.Updated Date: 30 December 2019, 04:00