The judges explode over the mess in the Supreme with the sentence of the mortgages: “The damage is done”
“Unusual”. This has been the adjective that the Minister of Defense Margarita Robles used on Tuesday in a television interview to qualify the decision of the President of the Third Chamber of the Supreme Court, Luis María Díez-Picazo, to appeal to the Plenary of the Chamber on the mortgage tax published last Thursday.
Robles, who was working as a magistrate in that same Chamber for 12 years, has assured that she “never” had seen “anything similar”, and that this decision establishes a “shadow of doubt” about the judges who sign this ruling. “I am absolutely critical and can not share the decision at all,” he said.
The truth is that he is not the only person related to the judiciary who has expressed his displeasure at the mess in which the Supreme Court has been involved this week – and which will culminate on November 5 with the final decision on who pays the tax. mortgages, clients or banks.
Raimundo Prado, spokesman for the Judicial Association Francisco de Vitoria (AJFV), emphasizes 20 minutes that the decision to advocate to the House “has to be done before the sentence, not after, and not through an informative note, if not with a jurisdictional resolution. ” Prado confirms that the vast majority of judges consider that Díez-Picazo “has not acted correctly.”
“The note gives a sense of lack of impartiality and legal security.” This document alluded to the “enormous economic and social repercussion” of the sentence, something that the AJFV does not understand either. “The judges do not make the laws, we apply them, the social repercussion does not have to be our problem”, assures his spokesman.
For Prado, the problem lies in the fact that the members of the General Council of the Judiciary – who end up appointing the president of the Supreme Court – are elected by the political groups. “We should be the judges themselves that we chose so that the policy does not engulf the judicial power, Europe has told us,” the magistrate denounces, referring to the report of the Group of States against Corruption of the Council of Europe, which charged against the system Spanish and its mixture of powers.
We can file a complaint against Díez-Picazo
In addition to the judges, political parties of different sign have charged against the Supreme Court. The Popular Party, the most restrained, have demanded on Tuesday in Congress that the court decide “as soon as possible” and in a “definitive” manner the decision on the payment of the tax, as spokeswoman Dolors Montserrat expressed.
Albert Rivera, president of Citizens, has offered the Executive to agree on an arbitration system. “Millions of families have paid a tax that, apparently, does not correspond to them, and that has to have a compensation and a channel to compensate those taxes,” he stressed, as well as criticizing “the bad decision” of the Supreme Court.
The group Unidos Podemos has gone further and has filed a criminal complaint against Díez-Picazo before the Criminal Chamber of the Supreme Court. According to the party led by Pablo Iglesias, the president of the Litigation Chamber issued the decision ” motivated by an interest totally contrary to the law and the administration of Justice itself, motivated by a clear interest in defending the economic interests of the Spanish bank “, and recalls in the complaint that Díez-Picazo taught at the University College of Financial Studies, under the Spanish Banking Association.
It is not known in what conditions the entanglement generated during these days will end, but for the spokesperson of the AJFV, one thing is clear: “The damage is already done”.