Prosecutors Request Judge Macías' Recusal from Constitutional Court Deliberations
On Thursday, the Prosecutor’s Office filed a formal recusal incident against José María Macías, a conservative judge on the Constitutional Court, seeking his removal from discussions regarding the constitutionality of the amnesty law presented by the Supreme Court. The recusal request is based on his prior expressions of opinion regarding the law while serving as a member of the General Council of the Judiciary (CGPJ).
In a document accessed by Europa Press, the Prosecutor’s Office pointed out that during his tenure on the CGPJ, Macías actively participated in at least two official actions where he expressed support for the constitutionality of an amnesty law announced by the Prime Minister. This occurred regardless of the law's specific content. Moreover, he also voted in favor of the Council's stance specifically addressing a legislative proposal regarding the organic law's constitutionality at the Senate's request.
The Prosecutor’s Office contends that Macías's prior involvement in matters related to the amnesty law offers substantial grounds for his recusal in the current deliberations. Macías was appointed to the Constitutional Court on September 6, which lends additional weight to the concern regarding bias.
While the recusal document is signed by Attorney General Álvaro García Ortiz, sources from the judiciary have clarified that the document was produced with full collaboration from the Prosecutor’s Office prior to submission to the Constitutional Court.
The situation underscores ongoing tensions surrounding judicial impartiality and the fundamental principles of justice, especially concerning high-profile legal matters like the amnesty law. As the case unfolds, it raises significant questions about the intersection between legislative actions and judicial reviews in the realm of constitutional law.
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