The Junta de Andalucía is considering disqualifying three judges of the Constitutional Court so that they do not participate in the resolution of the appeal of unconstitutionality against the Amnesty law presented this Monday, like other communities governed by the PP. Specifically, the Andalusian Government Council, in an extraordinary session, requested the dismissal of the president, Candido Count Pumpido; to the former Minister of Justice, former PSOE MP in Cadiz and former senior official in the government of Manuel Chaves, Juan Carlos CampoAlready Laura Diez-Buesowho was Director General of Constitutional Affairs and Legal Coordination at the Ministry of the Presidency between February 2020 and April 2022.
The common denominator is that they all held political positions in PSOE governments.starting with Conde-Pumpido, a magistrate close to this party who was a general of the State in the government of the socialist José Luis Rodríguez Zapatero.
The President of the Andalusian Government, Juanma Moreno, announced this Monday the presentation of the appeal of unconstitutionality against the so-called organic law of amnesty for institutional, political and social normalization in Catalonia and which was approved by the Congress of Deputies on May 30, 2024 and entered into force in June. The norm erases the crimes of the Catalan independence process from November 1, 2011 to November 13, 2023.
During the same session of the supreme body of the Regional Executive, it was agreed to urge the Legal Office of the Junta de Andalucía to formalize the recusal of the three magistrates of the Constitutional Court, given their links with the PSOE and his participation in the resolutions related to the pardons granted to Catalan independence supporters.
Legal arguments
The Council argues that Conde-Pumpido should step down as a preventive measure the right with all the guarantees for those who are part of or concerned by the content of the resolutions and to strengthen the appearance and confidence in the impartiality of the Constitutional Court in the exercise of the functions assigned to it in the defense of the fundamental rights of all citizens.
In the case of magistratesThe Junta de Andalucía points out that both have held public positions of the current government and intervened in the formation of the criteria for deliberation and approval of the arguments that motivated the partial pardons and in the establishment of the ministry’s criteria on the constitutionality of both these pardons and the law itself.
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