Subijana warns that “the law cannot be set aside without raising a question of constitutionality”

The President of the Supreme Court of the Basque Country (TSJPV), Iñaki Subianastressed at the opening ceremony of the judicial year that a judicial interpretation that disapplies the law is not possible without raising the question of constitutionality, and also extended this warning to European Union law. The event, held at the Bilbao Palace of Justice, was attended for the first time by the Lehendakari. Imanol Pradales.

In his speech, Subijana pointed out that the constitutional framework is the insurmountable barrier for laws, stressing that “there is no room for legal interpretation that disapplies the law without raising the question of constitutionality.” In this sense, the President of the TSJPV has emphasized that any national law that jeopardizes European legislation with direct application in the Member States must be treated in the same way, taking into account the relevance of European Union law in national legal systems thoughts must be kept in mind.

For his part, Pradales has stated that Euskadi is committed to a “restorative and effective” justice and not by a ‘revanchist’ whose ultimate goal is ‘seek revenge’. “That doesn’t do justice,” he argued.

The Lehendakari has defended that the Basque justice model “draws a broad consensus, not only institutionally and parliamentaryly”, but also in the legal and social environment. He has also emphasized that the judiciary must respond to the decentralized territorial composition of the state.

He also referred to the situation of the Basque Country in the administration of justice, where the use of the Basque language is practically non-existent. Pradales advocates changing that reality. “Does anyone imagine that in Euskadi a trial cannot be conducted in Spanish, that a judge, a lawyer or a prosecutor does not know Spanish? The answer is clearly no. So why should we accept the opposite in As for Basque? We must change this reality,” he said.