The Supreme Court has declared inadmissible the Ultra Vox party’s complaint against the President of the Chamber of Deputies, Francina Armengol, for allowing the use of co-official languages in the plenary session on September 16, before amending the Chamber’s Rules of Procedure to allow it . The court excludes any trace of the crime of subterfuge and reminds Santiago Abascal’s party that even if the use of Basque, Catalan or Galician was not expressly authorized in the plenary session, this “does not mean that their use could not be used “. The decision of the Supreme Court announced this Tuesday represents a new failure in the legal battle opened by Vox against the government, the socialists and the independence parties, since the lawsuit against Pedro Sánchez for alleged crimes of bribery, concealment or collaboration with terrorism, has already been rejected, Usurpation of judicial functions and negotiations prohibited for civil servants as well as the precautionary request for the suspension of the investiture plenary session.
Vox filed a lawsuit against Armengol on September 27, accusing the state’s second agency of committing a crime of prevarication for “failure to apply the congressional rules” because the authorization of other languages was “not known” to the total number of congressmen was carried out without legal protection and without their authority to confirm the authenticity of the interpretations, thereby preventing the correct exercise of democratic representation.” According to the Ultras, Armengol “acted outside the law, knowingly and with a clear intention to violate the regulations violated (…) despite an explicit warning” from Vox.
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The Supreme Court does not recognize any of these arguments. The Criminal Chamber considers that “the authorization for parliamentarians not to use Spanish as a mandatory rule” and therefore allowed them to use other official languages of the State “was made in the context of an amendment to the regulation”. ” of the Congress of Deputies to allow this situation, an amendment to the regulation that occurred two days later, approving the authorization of languages other than Spanish in Parliament in the new wording. The judges explain that the fact that it was not expressly approved on September 19 “does not mean that its use is not in the manner in which it was used and in accordance with the change that took place over two days should take place, could be approved later.”
The judges point out to the Vox complainants that the crime of subterfuge with which they accused Armengol needs to be better argued and, above all, that the deliberately unjustified decision was made in violation of constitutional principles and values. The crime in question, the judges wrote, “requires that the imputed act be unlawful, unjust and arbitrary, which is not satisfied by a mere violation of the law, but that this violation of the law must be a contradiction to constitutional principles and values.” .
The court clarifies that a mere illegality “can be corrected through the use of police regulations, including judicially, to restore the broken legality, but the crime of subterfuge requires an additional contradiction to the norm, leading to a violation of values and the Constitution “Principles that do not appear in the denounced fact.”
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Vox has also filed a complaint against the Secretary General of the Congress, Fernando Galindo, accusing him of prevarication for not opposing the processing of the amnesty law proposal that the PSOE registered after an agreement with ERC and Junts. In his report, which is not binding on the Congressional Executive Committee, the senior official noted that while there may be doubts about the constitutionality of the text that the TC will rule on at this time, there is no “obvious or obvious contradiction.” there is in the constitution that a veto against the processing would be justified. The Chamber’s governing body, the majority of which is held by PSOE and Sumar, has thus processed the initiative.
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