The president of the Constitutional Court (TC), Cándido Conde-Pumpido, has emphasized that no representative of the powers of the State should "disqualify or question the decisions of the Constitutional Court or any other court," stressing that the independence of the Judiciary must be preserved without cracks.
In an interview published this Sunday in 'El País', collected by Europa Press, and after the recent endorsement of the TC for the amnesty of the crime of embezzlement affecting leaders of the 'procés' such as the former Catalan president and leader of Junts, Carles Puigdemont, he insisted on the institutional relevance of the body he presides over. "Whoever questions the Constitutional Court is questioning the Constitution, and whoever questions the Constitution is questioning democracy," he stated.
Conde-Pumpido has defended the court's actions regarding the amnesty law, recalling that during the 'procés' the Constitutional Court annulled norms such as the law of transitoriness and the referendum law, in addition to supporting the application of Article 155 of the Constitution, in line with its function of constitutional control.
In relation to the amnesty, he explained the itinerary followed by the TC: "Once an amnesty law is approved by Parliament, we are obliged to ensure that this norm is applied according to its constitutional interpretation. That is what has happened. First, we resolved that the law is constitutional. Then we responded to some questions raised by the courts. Finally, some citizens alleged through amparo appeals that the norm had not been applied correctly to them and that this constituted a violation of three fundamental rights. And we, within the scope of our jurisdiction, have stated that these people should not be excluded from this norm approved by Parliament."
The president of the TC has justified the granting of amparo to those convicted of embezzlement linked to the Catalan independence process, considering that the exception contained in the amnesty law refers to cases of corruption in which public money is diverted for personal enrichment. "A case that does not occur here," he specified.
Regarding the possible return to Spain of Carles Puigdemont, he indicated that it will be the Supreme Court that determines how to apply the constitutional doctrine to each of the beneficiaries of the amnesty. According to him, the high court has already begun to make decisions after knowing the ruling of the Constitutional Court and, in his opinion, is acting "with the utmost diligence and speed."
Conde-Pumpido has also emphasized that the Constitution clearly establishes the competencies of the Supreme Court and the Constitutional Court, and has reiterated that the latter is the ultimate guarantor of fundamental rights in the Spanish legal system.
When asked about the usual differentiated majorities between progressive and conservative magistrates in matters of greater political burden, the president of the TC has rejected that this reflects a polarization of Justice. He attributed it, on the contrary, to the "internal plurality of the court," which, he said, is part of its normal functioning.
The magistrate has denied that there is "lawfare" in Spain, although he has warned about a phenomenon of "judicialization of politics" that, in his view, causes strictly political controversies to end up being transferred to the courts. "Any political debate on any issue immediately becomes a criminal process through organizations that are dedicated to that. Such organizations do not exist in the rest of the world, and no European country allows political parties to participate directly in criminal processes. Legislators, wisely, both the Popular Party and the Socialist Party, have made reform projects of the Criminal Procedure Law," he pointed out.
"THE CONSTITUTION MAKES CLEAR THE SPANISHNESS OF CEUTA"
Regarding Ceuta, Conde-Pumpido has defended that the Constitution "makes perfectly clear" the Spanishness of the autonomous city and has considered that the so-called rejection at the border fits within the constitutional framework. "Any person who illegally crosses the border from Africa to the EU must be returned immediately, without further procedures," he stated.
In the final stretch of the interview, the president of the TC has avoided commenting on whether the Government is obliged to present the General State Budgets in the current political context, and has specified that the court will not rule on this matter while the electoral process continues.
Regarding the housing problem, he has indicated that it is a "manifestly political" issue and has recalled that the main competence lies with the autonomous communities, although the State has also exercised its own through the Housing Law. On this regulation, he has detailed that the Constitutional Court has already resolved eight unconstitutionality appeals promoted by different autonomous governments.