The sentences of 1-O are delayed in the TC due to the barrage of challenges against a magistrate

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• ANGELA MARTIALAY

  @AngelaMartialay

  Madrid

Tuesday, November 3, 2020 - 02:14

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• Justice.

  All the news about the 1-0

The Constitutional Court has received in recent days a barrage of objections from the leaders of 1-O against magistrate

.

The first to present the incident of recusal against this judge were the former Catalan president Carles Puigdemont and the minister

for alleged lack of impartiality of

when on November 22, 2017 he gave a conference in

and praised the figure of the former attorney general of the State, the late

, author of the complaint against the promoters of the

.

Specifically, the

magistrate

showed his "deep appreciation" to the figure of Maza "not only as a prosecutor, but as a jurist and as a Spaniard" for "his exemplary position" and "his exemplary initiative" in the face of the Catalan separatist challenge.

Narváez also referred to the

as "a true covert coup, much more serious than the coup that was seen in 1981" in reference to 23-F.

After the presentation of the incidents of disqualification of Puigdemont and Comín, already admitted for processing by the Plenary, a large part of the plaintiffs has decided to support the initiative.

This is the case of the former vice president of the Generalitat Oriol Junqueras, the former councilors Raül Romeva, Jordi Turull,

or

, Jordi Cuixart and Jordi Sánchez, according to legal sources.

In general terms, the convicted persons defend that the expression of opinions or legal evaluations on the object of the process that a judge or court must prosecute "is considered a way of showing a direct or indirect interest in the case, which constitutes a reason for disqualification. according to the provisions of article 219.10 of the Organic Law of the Judicial Power "and that, for this reason,

must be separated from intervening in the procedures that affect the independence challenge.

At the moment, the TC has only admitted the incidents presented by

and

for processing

and has appointed Magistrates

and

as instructors

.

However, court sources consulted by EL MUNDO emphasize that the fact that now the matters affecting the Catalan independence challenge have to be paralyzed, due to this avalanche of challenges against the aforementioned magistrate, will inevitably affect the term that the organ managed to be able to issue their sentences against the 1-O ruling.

Initially, the Constitutional Court intended to notify the first resolution that responded to one of the appeals for protection of the promoters of the procés before the end of the year, but the incidents of recusal against

will foreseeably cause this deadline to not be met.

In addition, with the serious health situation generated by the coronavirus, the plenary sessions of the court, which are held in person despite the pandemic, have now been reduced to one a month.

To this is added that the resignation of magistrate Fernando Valdés, due to the investigation carried out against him for a crime of mistreatment, has left the TC with one less of its members, that is, with eleven magistrates.

According to the criteria of The Trust Project

Know more

• constitutional Court

• Oriol Junqueras

• Raül Romeva

• Jordi Turull

• Josep Rull

• Jordi Cuixart

• Carles puigdemont

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