In a session of the Extraordinary Government Board chaired by the Hon. Mr. Dean Juan Luis de Aynat Bañón, held on November 10, 2023, in relation to the references to “lawfare” contained in the agreement signed yesterday as an investiture pact by the PSOE and Junts; The Governing Board of the Almería Bar Association has approved the following, STATEMENT:
The Almería Bar Association proclaims and maintains its neutrality and objectivity as a principle of its actions “A Public Law corporation, representative of a profession and to which it is mandatory to join to practice it, cannot abandon the position of neutrality that is its own. in that field to assume ideological and political positions, disconnected, furthermore, from the professional interests that it must serve.” Supreme Court ruling dated June 27, 2019 (Cendoj ID: 287091130042019100217).
That the purposes and functions of the Bar Associations are the defense of the democratic social state and the rule of law, proclaimed in the Constitution, and to collaborate with the Judiciary and other Public Powers by carrying out studies, issuing reports, and preparing statistics. and other activities related to its purposes, when requested or agreed upon on its own initiative (R.D. 135/2021, of March 2, which approves the General Statute of the Spanish Legal Profession).
Having regard to the statement of the Permanent Commission of the General Council of the Judiciary dated November 9, 2023, this College assumes the considerations contained therein: Given the inadmissible references, which are both semantically and substantively, to ‘lawfare’ – judicialization of politics – contained in the agreement signed between the PSOE and Junts with the purpose of facilitating the investiture and, especially, in the face of the announcement of the eventual constitution of parliamentary investigation commissions that could determine what are ambiguously called “responsibilities.” derived, precisely, from noticing situations of ‘lawfare’, we echo and share the frontal rejection of such initiatives, in line with what has already been expressed by all judicial associations.
Such repudiation is based, in a very justified manner, on the evidence that this potentially implies subjecting to parliamentary review decisions framed in the exclusivity of the scope of jurisdiction of our Courts which, on the other hand, we understand were produced in a manner fully in accordance with the legality at that time. prosecuted For all these reasons, the initiative mentioned would imply an unacceptable interference in judicial independence and a flagrant attack on the separation of powers. The continuity of such a parliamentary initiative, if it materializes, would determine our most frontal opposition through the legally established channels.
At the same time, we must express our real and not merely nominal support to all the bodies of the Judiciary on the occasion of future actions that may be carried out within the framework of legality at all times, the current ultimate guarantee of the rights and freedoms of all our citizens.
This Communiqué has been approved with the votes in favor of the unanimity of the Governing Board of the College of Lawyers of Almería.