The former senator of ERC and magistrate Santiago Vidal will not be able to return to active duty in judicial career after General Council of judiciary has verified his "lack of aptitude" to exercise as a judge because of his "lack of loyalty to institutions Of State and Constitution. " Vidal, who is charged in court of instruction number 13 of Barcelona for his participation in independence process of Catalonia, requested reinstatement as a magistrate after completing a suspension of functions of three years to elaborate, being judge, An outline of constitution for an independent Catalan Republic of Spain. This earned him a very serious lack of "inexcusable ignorance in fulfillment of judicial duties."More information
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The three-year sanction was fulfilled today. Vidal asked for reinstatement on January 24th. To return to active service in a court was to obtain a previous declaration of aptitude by General Council of Judiciary, as established by Organic Law of Judiciary (Article 367.1) and regulation 2/2011, of judicial career (article 197.2). This aptitude has been denied in a decision that is not definitive and will last as long as it persists in its unfair behavior with legal system which, as a judge, had sworn to defend.
The Permanent commission of General Council of Judiciary recalls that sanction imposed on Vidal led to deprivation of all rights inherent to his status as a judge or magistrate, but did not mean loss of his status as a member of judicial career. Therefore, suspension "does not excuse you of its basic obligations, which is first of m one of constitutional loyalty, to point that law does not stipulate that suspense must renew its oath or promise to keep and to keep Constitution, to repute that it Keeps previously made valid and enforceable. "
And that oath, points to resolution denying him reentry, has been "repeatedly unfulfilled" by magistrate for past three years. The Standing Committee affirms that "it is not a question of repeatedly weighing down on magistrate punitive consequences of faults for which he has already been punished," but showing " lack of present of his ability to judge and enforce Judged "In view of public demonstrations and interventions carried out at that time.
In se interventions, in three different conferences that took place on 24 November and 9 and 14 December 2016 in towns of Granollers, Horta and Matadepera, Vidal referred, among or issues, to acquisition and transfer of confidential data In tax and electoral census matters, showing ir illegality and ir status as judge: "I will not tell you how we have achieved it, because we have achieved it in an absolutely illegal way and a judge cannot talk about how things are done illegally".
Vidal also referred that independent Catalan state would oversee loyalty of judges destined re as a requirement to exercise jurisdiction: "We have perfectly delimited, through a very thorough field work, how many of those 801 Judges will go to ir state (...) And if you want to stay, you should pass some filters (...) What we can't have are people who stay here from columnist. "
Vidal defended breach and disobedience to resolutions of courts and Constitutional Court, showing that this goes against legality: "When we send all sentences and interlocutory suspending all this (...) We will no longer recognize Spanish Constitutional Court all this we will do is in accordance with Spanish legality? No, and I don't think we need to explain why. "Not definitive
The Permanent commission agreement states that " magistrate's inadequacy for re-entry into active duty as a result of constitutional disloyalty with which he has behaved publicly and repeatedly during time of compliance with suspension does not It prevents you from being able to deduct new application in future. " In order to do so, " behavior that Santiago Vidal maintains from this moment and henceforth, as well as clear and strict actions that he carries out and that allow to appreciate that his future behavior will be in conformity with oath of allegiance to Constitution which it has borrowed, to which, for moment, has been lacking in an open and strict way. "
In addition, Vidal could appeal council's decision in two ways. Against agreement approved today may lodge a contentious-administrative appeal before third Chamber of Supreme Court, directly or after submission of a remedy for reposition to Permanent Commission itself.