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MagistraThor🇪🇸

@MagistraThor wrld.org
MagistraThor🇪🇸 6d

MagistraThor said that he had made a mistake and that he was glad, and suggested that another decision contrary to the law that invaded areas of ordinary legality might have been too much for someone's conscience and honor. Regarding the individual votes, he added that it was enough to just look at the names. #Ley #Justicia #Decisiones (translated)

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MagistraThor🇪🇸 6d

MagistraThor wrote that she was part of an appeals body that resolved appeals against first-instance rulings. She said she was saddened that the rulings she overturned could lead to the resignation of the colleagues who had issued them, although she found comfort in the fact that, at least for the moment, they were not being executed at dawn. #Justicia #Derecho #Apelación (translated)

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MagistraThor🇪🇸 7d

MagistraThor maintained that the current government majority of the Constitutional Court had altered its relationship with the Supreme Court. He stated that, during the first years of the Constitutional Court's functioning, both courts had a clear division of competencies: the former was responsible for the control of constitutionality of laws and protection against violations of fundamental rights, while the latter dealt with ordinary legality. As he wrote, the Constitutional Court was now encroaching on the functions of the Supreme Court and aimed to become a "Supreme of the Supreme." He added that Marchena was right. #Justicia #Constitucionalidad #DerechosFundamentales (translated)

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MagistraThor🇪🇸 1w

MagistraThor argued that the Constitutional Court had been very restrictive in admitting amparo appeals presented by the Ombudsman and expressed doubts about the admission of this case. He claimed that the judicial resolution was not definitive and that the previous judicial avenue should be exhausted, while the process was still pending in the Third Chamber of the Supreme Court, whose jurisdiction he considered exclusive, along with that of the electoral administration, in this case. He also pointed out that Article 46 of the LOTC provided for notifying the appeal to the possible affected parties and announcing it in the Official State Bulletin so that other interested parties could appear. In his opinion, the appeal could not be admitted before completing the allegations process, which could take several months and leave little time before the elections on November 29. In contrast, he added that, in his opinion, it had also been legally impossible to declare the Amnesty Law constitutional. #TribunalConstitucional #DerechosHumanos #Justicia (translated)

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MagistraThor🇪🇸 1w

MagistraThor stated that Spain was acting differently from other European countries in migration policy and pointed out that the Spanish government was accused of replacing the Spanish population with immigrants to win elections. #Inmigración #PolíticaEspañola #Europa (translated)

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MagistraThor🇪🇸 2w

MagistraThor strongly recommended reading an article by his colleague Jorge Fernández Vaquero titled "The Silence of the CGPJ in the Face of Attacks on Judge Beatriz Biedma." https://t.co/vsStlMVusJ #Justicia #DerechosHumanos #LibertadDeExpresión (translated)

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MagistraThor🇪🇸 2w

MagistraThor shared a statement from the Instruction Judges Board of Madrid regarding the information related to the Badajoz magistrate Beatriz Biedma and stated that it filled the silence of the CGPJ. It also requested that it be disseminated. https://t.co/EgbvIZO5M8 #Justicia #Madrid #Derechos (translated)

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MagistraThor🇪🇸 2w

MagistraThor questioned whether officials at the consular registers would expose themselves to criminal liability for failing to comply, as he wrote, with a Supreme Court ruling. He also argued that the government's inaction aimed to wait for the closure of the census, scheduled for October 19, so that the grandchildren could vote. https://t.co/TbApzd0Y2o #Justicia #DerechosCiviles #Censo (translated)

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MagistraThor🇪🇸 2w

MagistraThor shared a link to a statement from the Francisco de Vitoria Judicial Association regarding an action by the CGPJ that morning, which he described as regrettable. https://t.co/1wXuSjrXDv #Justicia #CGPJ #DerechosHumanos (translated)

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MagistraThor🇪🇸 2w

MagistraThor stated that the members of the CGPJ José Antonio Montero, José Luis Costa, Pilar Jiménez, Eduardo Martínez Mediavilla, Gema Espinosa, José María Páez, Esther Rojo, Carlos Orga, Isabel Revuelta, and Alejandro Abascal had proposed to the plenary a statement regarding reports of possible acts of harassment, surveillance, or intimidation against Judge Beatriz Biedma and her surroundings. According to the author, the text expressed solidarity with Biedma without prejudging facts or responsibilities and defended judicial independence. MagistraThor pointed out that it had not been approved and argued that it aimed to show support for the judge and for the entire judicial career. He said he did not understand the opposition of the members whom he described as progressive nor, in his opinion, the CGPJ's renunciation of defending judicial independence. He added that a colleague had told him that they should still be thankful that a file had not been opened against Biedma. #IndependenciaJudicial #CGPJ #Derecho (translated)

2982
MagistraThor🇪🇸 2w

MagistraThor described the system of appointing members of the CGPJ as disastrous and stated that political parties appointed them and that they acted under their orders, with hardly any autonomy. She added that she hoped that if the government changed, the system would be reformed so that judges would choose the judicial members, as, she said, happened in all European countries. #Justicia #CGPJ #ReformaJudicial (translated)

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MagistraThor🇪🇸 2w

MagistraThor pointed out that the day before she had already argued that the only way was through the affected people and that the decision of the TC would only affect them. #Justicia #DerechosHumanos #Opinión (translated)

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MagistraThor🇪🇸 2w

MagistraThor stated that, on the contrary, for them the right to vote was so relevant and sacred that they wanted to ensure a clean and clear voting process. #DerechoAlVoto #VotaciónLimpia #Democracia (translated)

2874
MagistraThor🇪🇸 2w

MagistraThor stated that in recent years several measures had been adopted to achieve the investiture and maintain the Government during the legislature: the amnesty and pardon for the authors of the coup in Catalonia, as well as extraordinary prison benefits for ETA prisoners which, he claimed, shortened their sentences and allowed their release from prison. He added that this last measure had been agreed upon with Bildu, which he described as the most loyal support of the Government. He characterized all these measures as serious attacks on the rule of law and said that they shared the goal of securing the investiture and maintaining the majority during the legislature. #Amnistía #Indulto #DerechosHumanos (translated)

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MagistraThor🇪🇸 2w

MagistraThor said that she knew R. Latorreg would not disappoint them and encouraged listening to a comment she linked in her post. https://t.co/KiBoL4Uni7 #Comentario #Rlatorreg #Opinión (translated)

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MagistraThor🇪🇸 3w

MagistraThor stated that, in light of the facts of the "drains" case and those described by Judge Biedma, the majority had shown support and understanding towards her. She also pointed out that the leaders of Judges for Democracy had maintained an indifferent attitude, although she claimed that a good part of their base did not share that stance. Finally, she accused an individual of attacking and mocking the judge with extreme malice and asked that affection be expressed to her. #Justicia #Apoyo #Jueces (translated)

3000
MagistraThor🇪🇸 3w

MagistraThor stated that the so-called sewer case was the most important of the open judicial proceedings and maintained that the seriousness of the facts could remind one of the beginnings of the Italian Cosa Nostra or the practices of Pablo Escobar. She clarified that, in her opinion, Spain had not yet reached those levels and urged to prevent that from happening. She also expressed her support and admiration for her colleague Beatriz Biedma. #CasoCloacas #Justicia #España (translated)

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MagistraThor🇪🇸 3w

MagistraThor stated that, during the eight years of government that she referred to as "progressive majority," 272,000 people had been evicted, the offer of rental housing had halved to 393,000 homes, and rental prices had risen by between 40 and 45 percent. She added that, despite those figures, the highlighted problem was the eviction of Mari Carmen. #Vivienda #Desahucios #Alquiler (translated)

3002
MagistraThor🇪🇸 3w

MagistraThor considered that the Constitutional Court's decision on amnesty, like the previous ones, was a serious mistake, although he stated that it should be complied with. He argued that the Constitution did not contemplate this figure and that it had been expressly rejected during the drafting of the constitutional text. He also warned that a future ruler could resort to amnesty for parliamentary needs or other conveniences, nullifying a criminal conviction. In his opinion, this could incentivize unpunished crime and open a large gap in the rule of law. #Amnistía #Justicia #EstadoDeDerecho (translated)

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MagistraThor🇪🇸 3w

MagistraThor argued that the Spaniards should remember the defense of Ceuta, which he attributed to its inhabitants, and described the Ceutian population as exemplary. #Ceuta #España #Héroes (translated)

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