The Prosecutor's Office has requested the Promoter of Disciplinary Action of the General Council of the Judiciary (CGPJ), Ricardo Conde, to file the disciplinary file opened to the magistrate of the Third Chamber of the Supreme Court Javier Borrego for allegedly "pushing" the president of the Contentious Administrative, the magistrate Luis Díez-Picazo .

This last togado put last April in the knowledge of the governing body of the judges that Borrego "took him by the shoulders" and "pushed" in his office when the president of the Third Chamber informed him that he was going to inform the Council the delay he accumulated with his presentations. After several months of instruction, and after the promoter has taken a statement from both Borrego and Díez Picazo and their secretaries, the Public Ministry has concluded that there is no disciplinary matter to file the former member of the European Court of Human Rights.

"It seems clear that the incident that took place in the office of the president of the Third Chamber, on April 3, 2019, and that featured the aforementioned president and magistrate Borrego Borrego, cannot deserve reproach, even if it is disciplinary, for the latter, because, as can be seen from the weighted statement of Luis Díez Picazo, the meeting, although it had to be developed in terms of some tension, because it was intended to call Mr. Borrego Borrego's attention about requiring greater agility in the dispatch of matters, it is true that this tension between the protagonists did not lead to attitudes or behaviors of the latter that could be considered as disrespectful, "stresses the prosecutor.

Said file was opened both for the possible unjustified delay of the magistrate in issuing his sentences and for the incident involving the president of his Chamber. Borrego is currently facing a penalty for disregarding their jurisdictional functions and another for disrespecting their superiors.

The Lieutenant Prosecutor of the Supreme Court Luis Navajas has sent a report to the CGPJ on Tuesday, explaining that after "the convenient call for attention" that Javier Borrego received from Luis Díez Picazo, these delays were resolved "so that before the summer the magistrate was completely up to date with his responsibilities, which proves his professionalism, being able to solve an unpleasant situation that was surely caused by the lack of adaptation of the magistrate to his new destination and his origin of the jurists' turn. "

The Prosecutor believes that they have not concurred in the present case "all the necessary elements to attribute to the file any of the aforementioned disciplinary infractions". The last word will now be the promoter of the CGPJ.

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