The Supreme Court has refused to remove the Judge Jorge Rodríguez-Zapata, president of the section that must resolve the appeal presented by the former president of the Generalitat Carles Puidgemont against the decree that agreed to the cessation of its Govern by application of Article 155 of the Constitution.
The Contentious-Administrative Chamber, gathered this Monday in full, has rejected the incident of challenge presented by Puigdemont - displaced to Belgium - against Judge Rodríguez-Zapata, as reported by the High Court.
Alonso-Cuevillas believes that Rodriguez-Zapata's book shows "clearly his criteria" on the 155
Puigdemont doubted the impartiality of this judge to decide on the contentious appeal filed against the royal decree by which the Executive of Mariano Rajoy ceased him and his Government in application of Article 155 of the Constitution after the declaration of independence of the Parliament , suspended by the Constitutional Court.
Specifically, the defense of the former president argued that the magistrate had already expressed "without shame" his legal opinion on the application of 155 in his book Theory and practice of Constitutional Law, a manual in which, according to the lawyer Jaume Alonso-Cuevillas, the magistrate showed to have had "logically, knowledge of the object of the litigation, forming wide and clearly his criterion with respect to the same one". That is why, according to the expresident's defense, Rodríguez-Zapata could not rule on his appeal. One argument that this Monday has been rejected by the Chamber, whose car will be known in the coming days.