Javier Romera
09/24/2014 – 0:36
- The case has five judges from May 2013
The output of Alberto Ruiz Gallardón Government yesterday following his resignation as Minister of Justice can unlock in the coming months Blesa case and the investigation into the alleged irregular purchase of City National Bank of Florida (CNBF) in 2008 when the presiding exbanquero Caja Madrid.
In addition to that Miguel Blesa has counted at all times along the cause supported by the Attorney General, did not hesitate to challenge their imprisonment, with the public backing Gallardón, the process is now aground, inter alia, by the pressures of former Minister, according to reports from the prosecution, which exerts Clean Hands.
The union officials and no doubt express their satisfaction in this regard: “Gallardón tentacles used all their power to exert plug an attempt to halt the investigation.” The judge opened the case in 2012, José Elpidio Silva, was, however, somewhat more pessimistic on Twitter saying that “the resignation of Gallardón late. The damage is done, and a lot.”
Silva, section
Since the Madrid Provincial Court Judge Silva depart to the cause last May 26, 2013, just 20 days after sending the president of Caja Madrid second time in jail, five great instruction judges in just 16 months without producing any kind of progress. Especially since almost all of the judges has tried to cripple or completely disengage from the process.
A Silva replaced him with Juan Antonio Toro, who came aa suspend the investigation, although the Court subsequently forced him to reopen. From there he went to the magistrate María Sánchez Romero, who showed an identical disinterest, until it was replaced by Leticia Garcia, who, among other things, refused to ask Bankia mailings other defendants, as calling the prosecution exercised Clean Hands, especially after the publication media had already brought to light Blesa emails.
All until last April, when the Standing Committee of the General Council of the Judiciary (GCJ) elected Judge Raquel Robles to fill the Court of Instruction No. 9 Madrid, vacant by the suspension of functions of its owner, Judge Silva. The problem is that, until now, the situation is still locked. In an order issued on September 2, the new judge has rejected, for example, all requests made by Clean Hands to testify, among others, the former directors of Caja Madrid and José María Arteta Alberto Recarte also the secretary of highest executive body, Enrique de la Torre.
Rejection minutes
It also also rejected a request to Bankia to furnish the minutes of the general meetings of Caja Madrid for the years 2006-2009, when considering that are “unnecessary” in the instruction. Robles only access to the Caja Madrid and Bankia Foundation is required “to provide the minutes of the steering committee in which it agreed to acquire Bank of Florida.”
Beyond what I can pass, finally, with the instruction of the case, by which the alleged overpricing and possible fees charged on the acquisition of Florida bank investigates, Blesa is also being investigated in the High Court by the marketing of the preference shares.
In this regard, on September 17 Judge Fernando Andreu agreed that the emails of former Caja Madrid, was already the cause by purchasing the City, are incorporated to the case of the sale of preferred by the entity in 2009 Andreu and accepted the request of the charges after the approval of the Office and to consider that can “provide a valuable acquis in these proceedings” to determine the nature and circumstances of the events investigated. Judge investigate Blesa communications with members of the management team and the board of the box through the corporate computer system.
most controversial laws
Fees Act Judiciales.- The Judicial Fees Act has been one of the standards sponsored by the Ministry of Justice’s criticized by citizens, lawyers and political groups. While the standard is already approved in 2012, a Royal Decree-Law of 2013 attempted to soften a timid attempt Minister calm down his detractors. However, almost all legal sectors continued to insist that the law violates the right of access to justice for thousands of people creating a “two-speed justice: one for the rich and another for the poor”.
Criminal Code Reform .- The reform of the Penal Code, which is still in the pipeline, is as controversial as extensive, and has been criticized by such disparate points of its articulated as revisable permanent prison The introduction of safe custody or typing the activity of web links to illegal content, the latter activity which is punishable by up to 6 years in prison in aggravated subtypes. The standard also introduced changes in economic crimes: those relating to property, aggravated scam, unfair administration, crimes against intellectual property, punishable insolvency, private corruption, embezzlement and corruption foreign public officials are some of the keys you play the future text. Its main detractors speak of reforms “to blow owner” and excessive restrictions through penalties proposed.
GCJ Reform .- The renewal of the General Council of the Judiciary (GCJ), who had been in office about three months, he was labeled a “partisan” and “wrong” by the sectors of the world of Justice and by some political parties, even raised an appeal to the Constitutional Court. While PP and PSOE, which surprised everyone with an agreement in extremis, defended the “prestige and excellence” of the appointed members, the criticism came from nearly all fronts. The judges criticized partisan distribution, and even said that the institution is “mortally wounded”. Others saw the appointment system “sharing quota” making the GCJ into a “mini-parliament” and a “pantomime”.
Universal Justice Act .- With the only votes for the People’s Party and the emergency procedure, Congress approved last February a modification of the Organic Law of the Judiciary which severely limited the cases in which a Spanish judge can investigate crimes committed outside the national territory. In practice, the consequences passed that cases that are pending resolution by the Spanish courts-so-known as the Couso case or murders in the Sáhara-, would be automatically archived or dismissed upon entry into force reform . This July came the first legal battles around the impugned law: the Supreme Court overturned the decision of the National Court to release, under the new rule, several drug dealers who were in prison awaiting trial .
Registry Reform Civil.- Also with the support of the PP only got to see the light of the reform of the Civil Registry Leasehold keeping the Registry to commercial and civil registrars and creates a public corporation. Almost all the opposition groups rejected the reform, considering that this is a privatization of the service. During the parliamentary debate the opposition groups showed their suspicion that behind this reform a business of computer companies are, doubted that registrars perform the service free of charge and denounced an attempt to privatize the service. It is also in the crosshairs of registrars and notaries modifying the notarial and registry demarcation, although has not yet come to Parliament to continue its journey unify and close registers and notaries.
Law Aborto.- The Abortion Act has been the icing on both folly or at least, the rule has finally served as an excuse to get away from the minister the first row of battle. And, if there has been a proposal that has puzzled judges and prosecutors, as a clear reflection of the fears aroused among citizens themselves, was the Law for the protection of the life of the unborn and the rights of pregnant woman. The proposal passed by Gallardón remove free abortion in the first 14 weeks, established by Executive Rodríguez Zapatero, and establish a system of signs more restrictive than the 1985 to eliminate fetal malformations as supposed to eugenic abortion-abortion -.
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