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Oriol Junqueras and Pere Aragonès, at the meeting of the National Council of ERC, in Barcelona.
The Catalan Foundation of L’Esplai (Fundesplai) has presented an incident of recusal against the magistrate Ines Huertathe new member of the Fifth Section from Contentious-Administrative Chamber of the supreme courtin charge of resolving the appeals against the pardons granted to the leaders of the process. Huerta is the conservative magistrate who has become part of the Fifth Section with the departure of the progressive judge Angel Huet to Admission room.The reason for the challenge is that she was vice president of the Central Electoral Board in the period between 2019 and June 2020, when this body excluded from the lists for the 2019 elections the Congress of Deputies Y Senate to those already condemned Jordi Turull, Josep Rull Y Joaquim Forn, among others. From Fundesplai they argue that since “at the time this issue was resolved” by the JEC “it had to go to the bottom of the criminal enforcement process” they understand that there may be “possible contamination” by the of the magistrate to now resolve an issue relating to clemency measures. The Catalanist foundation appeals to article 219.8 of the Organic law of judicial power (LOPJ) to request that their request to remove Inés Huerta from the Pardon Chamber be accepted. Court sources consulted by THE WORLD, explain that it is highly likely that the challenge presented by the Catalanist foundation will prosper in accordance with the consolidated jurisprudence of the Supreme Court on this matter. However, the processing of this challenge will delay the resolution on the reversal appeals and, consequently, will cause the composition of the court that must resolve them (against the Supreme Court’s refusal to review the clemency measures) to change again . The reason is that on the 15th the president of the Chamber, the progressive magistrate, retires Segundo Menendezassuming the presidency of the Fifth Section the judge Octavio Herrero.Menéndez, who wanted to retire having resolved the issue of pardons, will not achieve it since the recusal incident will not be resolved until after Easter. In addition, the departure of the current president means that the progressive magistrate Ángel Arozamena become a member of the court, as approved by the Supreme Court’s Governing Chamber. With this new composition, the Chamber that will resolve the reversal appeals against the Supreme Court’s refusal to review the 1-O pardons will now have a majority of conservative judges . Its members will finally be the magistrates Herrero, Arozamena, Huerta, Wenceslas Olea Y Fernando Roman; these last two signatories of the particular vote in favor of the admission of the resources.
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