COMPLETES THE PROSECUTOR OF MADRID your hard work with a mere RESEARCHERS REPORT A "ALL" THE DRIVERS. ORIGINAL precedent.
On 10 December 2010, the Prosecutors' Association delivered a mild nothing campion, capon or kicked D. Candido Conde-Pumpido. This is a transcription of the news carried by the Agencia EFE:
'Attorneys Association (IDA) today accused the government of "intolerable interference" in the prosecution regarding the case of air traffic controllers and has criticized the state attorney general, Candido Conde-Pumpido, attend the extraordinary Cabinet declared a state of alarm. "
" In a statement, the majority in the race association fiscal highlighted that the Government lacks the authority to determine the applicable standard in the criminal courts and considered that "mere words" the Public Prosecutor the right to apply "is an intolerable interference contrary to the principle of impartiality" and the rule of law itself. ""
"The First Deputy Prime Minister, Alfredo Perez Rubalcaba told a press conference after the conclusion of an extraordinary Council of Ministers last day 4 that," if not going to work, would be committing a crime of disobedience punishable under the civil-military code. "
" According to the AF should be the prosecutor, prior assessment of their legal relevance, and ultimately courts that determine whether the collective abandonment by air traffic controllers is criminally relevant and whether it applies a standard pre-constitutional or the Criminal Code of 1995. ""
"For this association, the presence of Conde-Pumpido in that Council of Ministers was" unnecessary and intrusive "although it was an exceptional event," or just Therefore, since-recalled-the Constitution establishes the functional autonomy of the Public Prosecutor in the division of powers. "
" The prosecution is subject to the principles of fairness and legality, and not the opinion political criteria, and under no circumstances can become a government advisory body, the AF points highlighted that the relationship between both "is not subordinate in any case."
"The declaration of a state of alarm, have added, is" a reduction of constitutional guarantees and freedoms, so that the public prosecutor as a guarantor of freedoms public should be kept far from the gubernatorial forum in which to decide their adoption, away from political positions prior to the event with the facts. "
addition the usual atrocities of the reporter, in this pronouncement of the AF several emphasis there are some aspects, for example, the blunt assertion that Mr. Conde-Pumpido attended a Council of Ministers. That, of course, is what I said on Mr. Attorney General (FG) and some government spokesmen, but here and we had something different: 1) the FG can not participate in the Council of Ministers, but can be "called to inform to the Council of Ministers "(art. 9.2 EOMF), something very different. And wondered on what could be called to report the EGF to a genuine Cabinet? What information could be provided from which it did not have the government? , 2) that, in fact, Conde-Pumpido appeared in a "video" on the website of La Moncloa as a participant in a so-called "Executive Committee Government's crisis "which has no further justification that a possible involvement as an informant in a real Council of Ministers.
lot more would have to say about the repeated" fairness "of the Ministry Attorney, but is not the time to disquisitions on the true tautology.
Not bad, however, which says the Association of Prosecutors. Because the grave is not the legal position of the Prosecutor institution from the Government. According to the Organic Statute (can be illustrated more about the blog brother-AOS DOCUMENT, which contains a short survey) members of the public prosecutor are not subordinate to the Government. The public prosecutor is not legal advice the Government (role for the State Bar), but an institution with organic and functional autonomy and a single chief, the Attorney General. The Organic Statute of the Public Prosecution is a 1981 law (Law 50/1981 of 30 December), very thoughtful and painstakingly agreed at that time. What complicates matters are the bad appointments of Attorneys General and their increased powers, in a EOMF reform (the Law 24/2007, 9 October) that allegedly aimed at giving more autonomy to the Public Prosecutor, it really did is increase the power of the Attorney General.
But today is another news. Today, the incessant trips to Spain to D. Candido Conde-Pumpido, shouting the serious crimes and the few drivers but some subordinates active choirs, echoing accusations that public-process-of D. José Blanco, further investigations and subpoenas vaunted days ago, there was an intense week especially, seem to have given a result, the Attorney General Madrid has denounced all drivers as or means all drivers Barajas and Torrejon, according to others. Both da. I'm not talking mouse who delivered the mountains, which is really useful. That is, rather, as if the Big Chicken Laying, winner of the world had been lifted, finally, all smug in his usual corner, fluffing their wings and feathers, to finish exposing an egg of a sparrow. Ridiculous and embarrassing.
And though it may seem an original and interesting precedent for police and move the machinery of justice, it is not. If any of us go to the Court of Guard and makes a complaint to "fraudsters" to "tax evaders in Madrid" to "the unfaithful" or, more concrete, the "Mayors embezzlers of public funds" or "all the Ministers and State Secretaries prevariquen" I have no doubt that would send us walk briefly. But the Prosecutor of Madrid, loyal subject of Conde-Pumpido, not a complaint so ashamed. Disregarded under the sedition art. 544 of the Penal Code, the law is the law come wielding 209/1964 of 24 December, Criminal and Procedural Browse Air ation and, more specifically, its Art. 20, second paragraph, which considers guilty of sedition to " employees of airports, in numbers sufficient to disrupt the service, collectively abandon their duties in the aircraft or the airport, in an attitude of protest, disobedience coercive or retaliation against the Commander or Chief respective ." All foreign drivers such a situation can be perfectly calm, those who were not on duty at any airport, who decreed the closure AENA could not join their positions, they were going to the airport because he had finished his shift. And to be seen, for those who left, if indeed that provision applies to them.
I am not in favor immunity or impunity for anyone. I, on the contrary, the wholehearted support of making it, pay it, air traffic controllers included. What I want to convey this news is that, for certain holders of public powers, the law is not sound management we have to meet everyone, but a political weapon in a completely ignorant, inept and without scruples of any kind : neither ethical nor aesthetic, and, of course, legal. It is almost a month and that Gallo on the rigorous application of the law have not been able to articulate a serious allegation and have not done anything but this claim ridiculous and shameful. If a particular hiciese lay in law or a bad lawyer, ridicule would fall on him. But if the prosecution makes the ridiculous is not important. The worst thing is the prestige of an institution important and necessary. The State itself is discredited. And this country, this nation called Spain, do not walk more than enough credibility now.
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