Fri. Dec 13th, 2019

The Government will challenge the TC magistrate Andrés Ollero

He Consell Executiu has agreed on Tuesday to raise an incident of challenge against the magistrate of the Constitutional Court (TC) Andrés Ollero when considering that the judge showed his bias last week in the particular vote he cast in the ruling of the TC that endorsed the Catalan Civil Code. The spokeswoman Montserrat Budó He stressed that Ollero demonstrated his "manifest animosity" against "Catalonia and the Catalans" in the aforementioned private vote, where he used very strong expressions and came to accuse "defenders" of defending the Civil Code.

The spokeswoman has clarified that the challenge will be raised for the many unconstitutionality litigation that remain open in the TC and that must be resolved in the coming weeks. These are matters such as the Catalan Tax Code, the law of commerce, services and fairs or the strategic plan of external action.

In his private vote, Ollero said he was not willing to submit to "supremacisms" of "those who feel humiliated if they are treated as if they were equal to others"

Specifically, this is the phrase of Ollero's particular vote that has proved more controversial and to which the spokeswoman has referred: “I consider it a positive contribution of our Constitution to have supported the exceptional presence of vestiges of foral and special law that logically should be done feel more like the 'old laws' enthusiasts. At the end of the day, as an Andalusian, I also see myself Volksgeist and I appreciate seeing him respected. What I do not lend myself is to submit to supremacism of those who – at this point – feel humiliated if they are treated as if they were equal to others. ”

Andrés Ollero, in a file image

Andrés Ollero, in a file image
(Manuel H. de León / EFE)

After months and years of consensus on the Catalan question, The Constitutional ruling on the Civil Code evidenced an important division of criteria within the court. In fact, the TC split in two when issuing a ruling on the legislative initiative presented in 2017 by the then Minister of Justice, Carles Mundó, and that was approved by the Parliament. The endorsement of the Civil Code went ahead with the majority of the progressive votes of the court but with the particular votes of four magistrates, to whom a fifth adhered.Ollero, of the conservative line, was especially critical of his courtmates and accused them to break a "consolidated" jurisprudential line, "without announcing it and without offering any motivation in this regard."

Born in Seville in 1944, Ollero was appointed magistrate of the TC in July 2012 by Congress and after the pact between PP and PSOE. He is Professor of Philosophy of Law, a member of Opus Dei and was a deputy for Granada of AP – and later PP – between 1986 and 2003, becoming a popular spokesman for the Justice and Home Affairs Commission. In fact, his election 7 years ago in the TC was already controversial for having a past so associated with a political party and, especially, being appointed rapporteur for the ruling on the abortion law – a resource that remains unresolved nine years later – having spoken publicly against.

The conservative magistrate of Sevillian origin was elected in 2012 and had been a deputy of the PP between 1986 and 2003

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