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Legal Community Outcry

Judge Shopping

Courts, Judicial Bodies, Judges’ Associations, Prosecutors, Notaries, and Lawyers have issued statements to reject the instrumentalization of justice for political purposes (lawfare) and parliamentary control of judicial action. The crucial importance of the separation of powers in a rule-of-law state is a key issue for democratic survival.

Thus, the statement from all judicial associations of the manifesto declares that “the signing judicial associations express our rejection of references to lawfare or the politicization of justice and its consequences.” The text of the agreement reached contains explicit references to the possibility of developing investigative commissions in the Parliamentary Headquarters to determine the presence of situations of politicization of justice, with the consequences that, if applicable, could lead to actions of responsibility or legislative changes.

This could mean, in practice, subjecting judicial procedures and decisions to parliamentary review, clearly interfering with judicial independence and breaking the separation of powers.

Judges must be subject only to the rule of law, as expressly established in Article 117.1 of the Constitution.

The Judicial Power in Spain is independent and has a system of jurisdictional guarantees that removes the risk pointed out.”

In a legal current affairs post, I could not fail to refer to this earthquake of statements to which numerous and important prestigious Law Firms have joined. From our humble position, we can only show our adherence. Without accepting this, it would be irrelevant what posts we wrote, as the rules could be broken, and there would be no one to remedy it with objective constitutional impartiality… even if sometimes we like the sentences more or less. But this is the system we have given ourselves in representative liberal Democracy. And to which we owe ourselves out of social responsibility.

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Author

As a founding partner and legal director of MONLEX, José Antonio is a lawyer with extensive experience in providing legal counsel to hotel chains and tourism companies at both the national and international levels. He actively participates in various business associations, contributing to the development of the tourism sector.
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