Special jurisdiction, or aforamiento, is an exceptional legal protection intended, according to the Constitution, for the president and ministers of the Spanish government, and subsequently extended to members of the judiciary and to the two Chambers with the aim of strengthening the autonomy of … the judicial function and parliamentary immunity. Later, it extended by pure mimicry to autonomous institutions, through statutes, to the point of creating a veritable caste of privileged people which produces the sensation of a self-granted privilege with the consequent irritation of citizens. Especially since the beneficiaries often use it as a preventive parapet or safeguard to protect themselves from the action of ordinary justice.
If the abuse of prerogative has already generated a clear shock of rejection in public opinion, certain specific cases give rise to a justified scandal. For example, that of Deputy Ábalos, included after his ministerial dismissal on the list of Congress with the obvious intention of protecting him against the plausible possibility that the then hidden reasons for his dismissal ended up putting him, as actually happened, in the dock. Even more embarrassing was the “a posteriori” attempt to arrest the socialist leader of Extremadura Miguel Ángel Gallardo, a maneuver rejected by the higher court as a clear fraud on the law… which he is now trying to repeat by running for the Senate.
It turns out that this time there is another way to avoid the delay in the trial of Sánchez’s “very brother”, the real objective of a ruse conceived in Moncloa to transfer the trial to the Supreme Court. And this consists of preventing the Assembly of Extremadura from proceeding with the appointment of Gallardo as regional senator due to his clearly criminal character. In other words, the majority of the PP and Vox exercise their veto due to the lack of aptitude of the proposed candidate. This would create a hostile precedent in the conventional automatism of this type of appointments, but it will not always be sanchismo that breaks the consensus. And even less when it comes to distorting the cleanliness of the rules of the game.
The vice of asking is opposed by the virtue of not giving. And against the misuse of institutional mechanisms, it is necessary to apply brutal remedies. Gallardo obtained a record in the regional Parliament, and therefore his long-awaited right to appear before the TSJ – with David “Azagra” connected to his arm due to the principle of procedural indivisibility – and he must be content with it. The resulting senatorial mockery must remain out of reach. The deceptive bias of this trick is as obvious as it is unacceptable, which is why it is necessary for someone to uphold the spirit of the law in the face of blatant manipulation. Out of responsibility, out of political hygiene, out of democratic modesty, out of moral scruples.
Session limit reached
- Access to Premium content is open thanks to the establishment you are in, but there are currently too many users connected at the same time. Please try again after a few minutes.
try again
You have exceeded the session limit
- You can only start three sessions at a time. We have closed the oldest session so you can continue browsing the rest without limits.
Continue browsing
Article reserved for subscribers
Report a bug