Interview with Iñaki Lasagabaster, professor of administrative law at the university, about the resignation of Carlos Lesmes

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The professor of administrative law at the UPV/EHU is “very concerned” about the current legal situation in Spain. He believes that “the separation of powers falters”.

Euskaraz irakurri: Lasagabaster: “Beranduegi aurkeztu du dimisioa Lesmesek”

The dismissal of the President of the Supreme Court (TS) and the General Council of the Judiciary (CGPJ), Carlos Lesmes, “arrives late” and “it is no accident” that he made the decision “after taking that position for almost four years”. They are words from Professor of Administrative Law at UPV/EHU Iñaki Lasagabaster who does not hide his concern about the legal situation in the Spanish state.

Lasagabaster believes Lesmes has “made very good use” of the time he spent in the presidency of the General Council of the Judiciary. As he explained, “in the nearly four years he has served as acting president, he has made about 50 appointments to various courts, and these people will now be in charge of very relevant cases in this country.”

Lasagabaster has long seen “the separation of powers in jeopardy”, although he clarifies that there is a “very clear difference” between “the lower and higher courts”: “The lower courts – those pertaining to labor, family matters… – , those who work every day are doing well, although certain aspects can be criticized. But the higher courts act from certain interests and are not independent. That is in no way acceptable “.

In that sense, he added that “this scenario does not occur anywhere else in Europe”. “In Spain, the Constitutional Court issues orders to Parliament and tells it what to do and what not to do. This is completely contrary to the separation of powers. The Constitutional Court must guarantee that the provisions of the Constitution are complied with.”

Lesmes finally made his resignation concrete today and in the statement he made to explain his reasons, he states that on “numerous occasions” he has urged the presidents of Congress and the Senate to comply with the “constitutional mandate”. , and despite this , ” the contacts developed in recent days, of which I am aware, have not yielded a positive result”.

“With all hopes of rectification lost and in light of the apparent deterioration of the Supreme Court and the General Council of the Judiciary, which I cannot avoid, my presence at the head of these institutions is no longer useful and would also be contrary with my own professional conscience, therefore my resignation as president is imposed, since from now on holding this responsibility to me can only serve to make me complicit in a situation which I detest and which is unacceptable,” said the president of the TS and the CGPJ until today.

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Source: EITB

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