THE TC corrections to TS AND IS IN ELECTIONS Bildu
minutes after twelve o'clock on Thursday, time of commencement of the election campaign of 22-F, the Plenum of the Constitutional Court announced its decision allow the participation of the coalition's election Bildu to day 22. Thus, the TC revoked the sentence was issued on Sunday the Supreme Court, which held that Bildu is part of a complex project ETA / Batasuna to return to the institutions. The vote of eleven members of the TC is almost equally divided: six votes to five. Voted to uphold the action under Bildu the bulk of judges nominated by the PSOE less Manuel Aragon, who joined the judges proposed by the PP in support for the approach of the Supreme. Before that decisive vote, Francisco Hernando, saw his paper rejected and declined to assume the favorable resolution redaccción to Bildu, backed by the Constitutional Court president, Pascual Sala, and judges Eugeni Gay, Elisa Pérez Vera, Pablo Pérez Tremps, Luis Ortega and Adela Asúa. Consequently, the 254 nominations submitted by Bildu-coalition of Eusko Alkartasuna (EA), Alternatiba and nationalist-are independent in the election. The interpreter of the Constitution Tribunal notified last night and the ruling parties in person at the resort, although the sentence, which will feature five individual opinions, not be known until a few days. The decision of the TC in the main proceedings co0nvertía the opening of the campaign, after two previous episodes: some signs of PP asking voters to vote, and dissemination of pre-election polls compiled by the CIS, which granted the victory largely to the PP both in the Autonomous Communities and in the municipalities. What some newspapers called on Friday "tremendous thud of the PSOE.
During the afternoon of Thursday, the last day for the sentencing of CT, Bildu decision had to be elevated to the plenary of the High Court after having found a stalemate situation in the Second Chamber, where there was a balance between so-called judges' progressive 'and' conservative ':, with three tie votes. In contrast, in plenary, this balance was broken in favor of 'progressive' for seven to four, but ultimately the vote was a six-five, the change of position of Manuel Aragon, as it did when the judgments on the Catalan Statute. It is noted that this is the fourth time that the Constitutional Supreme Court decision overturns a candidates related to the nationalist left. This time it has done twice: with Bildu and an electoral grouping Zalduondo (Spain), the only one of the eleven which were annulled last Sunday by the Supreme Court, which had lodged an appeal. In the second sentence, the TC criticizes the Supreme Court to annul the candidacies of 11 voting groups considering that there was no evidence "with enough intensity" that were intended to continue the activities of the outlawed Batasuna. The judges indicated that according to constitutional jurisprudence, "only" in conjunction with other evidence 'may be taken into account before joining a dissolved party "to cancel a bid" and yield, thereby resulting in sacrifice of fundamental rights. " "It is unfortunate that he has not understood well the judging room," says the statement in reference to the Supreme. He added that to prevent a person go to the polls for this reason, "would operate as a cause of ineligibility is not listed or could be in our system." The Supreme Court launched an "inappropriate way" that the Constitutional sums up: "If the fraudulent purpose of creating a de facto political party or denatured groups, previous concert among them has not been established, all further inquiry is not but consider the possible exclusion of some or other groups. "And this, continues the statement," although it has not been established pattern or strategy fraud whatsoever. " The Second Chamber of the Constitutional also aborted the allegations of the Prosecutor of the Constitutional Court and the State Bar, which occurred in the morning before, along with a Civil Guard report on "new research Bildu" dated just on 5 May 2011. The report includes a record of a meeting allegedly held between AD and FTD, in February 2009, which was seized in the course an operation of the Central Criminal Court No. 3 of the National Court. The paper concludes that ETA and EA agreed on the future need "to articulate an accumulation of pro-independence forces." Finally, there was no agreement for the European elections, while ETA continued betting on the strategy of "build-independence forces" and a strategic alliance with EA, the deal finally materialized LORTU Art, signed by EA and Batasuna.
The division of opinion has become evident from the start, even before knowing the decision of the TC in the media, politicians and lawyers alike. But nobody doubts that in any case, we are facing a historic decision, fraught with tension and preceded by very strong political pressure from either side. Suffice to recall the attitudes "push" factors which have exercised the PP and the PNV and the accusations against the PSOE to determine the decision of the courts. But finally, the prevailing view of the state violated the constitutional right of access to Bildu public office with the reporting requirements of laws, such as Article 23 of the Constitution, and therefore revoked the ruling of the Supreme Bildu said had been erected in a "sham and fraudulent channel to bypass the court banning the political wing of ETA." The new presentation of the final decision fell to Judge Luis Ortega, Professor of Administrative Law, who joined the Court in the last renewal. It will therefore be responsible for formulating the final decision. The Constitutional Court began its endless journey on Thursday to debate the constitutional disqualification of Judge Francisco Hernando, who attributed Bildu a "direct or indirect interest in the litigation." The fact that chair in 2003 Hernando Chamber of the Supreme 61 of the outlawed Batasuna "is not in accordance with constitutional doctrine, a reason to cast doubt on the impartiality of the judge, nor the judicial body which part, "said the Court.
Now, campaign and vote. And wait for the results of Bildu-Sortu, who has had to overcome serious obstacles
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