Concerns Arise Over Legitimacy of Spain's Constitutional Court: President Speaks Out
Cándido Conde Pumpido, the president of Spain's Constitutional Court, voiced significant concern regarding the legitimacy of the court being called into question by political circles and even the Supreme Court. Speaking at an informational event in Madrid, Conde Pumpido emphasized that undermining the Constitutional Court (TC) is tantamount to undermining the Constitution itself and, by extension, the democratic system as a whole.
He expressed his worries about political leaders and the judiciary questioning the legitimacy of the TC, highlighting that such actions threaten public accountability and the rule of law in Spain. 'I am very concerned because questioning the TC is questioning the Constitution,' he asserted. He noted that all public powers are accountable to the TC and must operate within the parameters set by the Constitution.
Conde Pumpido articulated his surprise at the rising threats, particularly the notion of utilizing criminal pathways to challenge the TC, suggesting that such moves set a dangerous precedent. 'Currently, any extremist organization can file complaints, and criminal actions against the TC are not just theoretical threats but have already become a reality,' he stated, pointing out the concerning pattern of complaints being repeatedly submitted despite their dismissal by the Supreme Court.
While acknowledging that legal and media criticism is to be expected, he drew the line at criminal threats against judges, stating that such behavior should not occur in any European democracy. He further reassured that the Supreme Court has judiciously ruled that charges of prevarication—wrongdoing in public administration—cannot be levied against TC justices, given the protective measures in place through the TC's organic law.
Conde Pumpido reiterated the impartiality guarantee of the TC, despite recognizing a prevailing misunderstanding about its role. He noted the expectation of criticism inherent in any legal institution's decisions, stating that they cannot be deterred by negative feedback since every ruling is bound to draw praise and criticism alike.
When asked about the anticipated ruling on the controversial amnesty law, Conde Pumpido pointed out that the TC is currently tackling multiple cases, estimating around 30 pending appeals. This includes one from the Popular Party (PP) and various appeals from different autonomous communities. He indicated that the court had prioritized the appeal from the PP, which he described as a well-argued case that necessitates a thoughtful response.
While he refrained from providing a definitive timeline, Conde Pumpido expressed the intent for the court's decisions to be finalized within a year from the law's enactment, ideally prior to summer. However, he stated, 'I can’t specify more,' leaving the timeline open-ended while underlining the importance of delivering judicious rulings amidst the ongoing scrutiny of the TC's legitimacy.
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