It is worrying to observe how, in our journalistic media, it is reported that "justice" in other countries legitimizes injustices and violations of fundamental rights, simply because it is "No justice." We must not forget that the human condition, shared by all the inhabitants of this planet, groups us into what we could call "interest groups." Throughout history, we have witnessed how "the power" deceives "the people", using tricks and taking advantage of the submission and ease with which many people are manipulated. What is surprising, without a doubt, is that "the fear" of dissent by those in power is so "palpable." The question arises: what can happen to you when you disagree?
They say that our 6 historical constitutions were "programmatic", that is, they were considered declarations of "ideals or intentions" but they did not obligate public powers to comply with their provisions. It is of interest to "weigh" because our current Constitution (1978) is not considered "programmatic" but rather "normative". "Supposedly" because the public powers are subject to its regulations with "binding" force or in the sense that the constitutional precepts They are directly applicable.... Do you believe it?
The "pro-homine interpretation" is an essential legal principle in the field of human rights, the purpose of which is to guarantee the maximum protection and effectiveness of fundamental rights. This principle, widely recognized internationally, is also enshrined in our Constitution, specifically in article 10.2. .. I wonder: how is it possible that we find ourselves before the Court of Justice of the European Union (CJEU) demanding fundamental rights, such as equality, when our internal regulations are full of provisions that reflect rigor and commitment to their protection?
We live in changing times, where the truth, no matter how hard they try to hide it, ends up coming to light. When the powers that be violate the rules of the rule of law to silence those who denounce corruption, it is a historical pattern that anticipates a turning point. The desperation of the corrupt reaches its climax, we have been marked by impunity for 40 years, many citizens are alert and aware of the atrocities committed from the spheres of power. What is it that really worries these characters? Are they afraid of ending up in prison? Are they obsessed with securing their fortunes? Or perhaps they fantasize about escaping to destinations such as the United Arab Emirates?
We are curious about the concern that European and National Institutions have about the arrival of Artificial Intelligence Services to the citizen. We turn to this "Cursed Tool" that can make us "smarter" to define us "without disrespecting any honorable citizen" (of those who have consented-motivated-promoted) to define the term about what would be called the repeated failure for more than 40 years to ensure the EQUALITY of citizens before the LAW? These expressions reflect the seriousness and persistence of the prolonged failure to guarantee equality before the law.
In the books "Constitutional Law I" you can read "The CONSTITUTIONAL COURTS are a guarantee of the subjection of politics to the law, so that the ultimate legitimacy of the constitutional judge rests on what he does in the exercise of his jurisdiction: defend the will of the sovereign people from that of their representatives. The great value of JUDICIAL CONTROL OF THE CONSTITUTIONALITY is that IT PRESERVES THE RIGHTS OF MINORITIES AGAINST THE MAJORITY PASSIONS OF THE MOMENT and that IT GUARANTEES THE RIGHTS OF THE MAJORITIES AGAINST THE INTERESTS OF POWERFUL OR MINORITIES. INFLUENCERS
If we have to talk about a generic evil in any country or organization on our planet, it is necessary to refer to "KLEPTOCRACY" or "government of thieves". If we analyze the history of the last 2000 years, no empire is exempt. In the last century, after World War II, the formula of democracy has proliferated in most countries as a guarantee that the rulers are sovereign, that is, elected by the people. This formula has been supplemented by a code of coexistence called "CONSTITUTION" which includes self-control mechanisms and, when effective, ensures the concept of the "RULE OF LAW". Shall we look in the mirror?
The economic development of a country undoubtedly depends on how well its Judicial body works. In a very simple way we can say that justice is in charge of "the rules" being followed.Where are the rules of the game defined? if you doubt the Spanish constitution or also called Magna Carta. The transparency of this body and the rigor when it comes to regulating compliance with its doctrines determine its operation
The example of the red line is often used as a separation of good and evil in environments: political, judicial, social. Undoubtedly, that of sports referees is usually the most controversial when it comes to assigning the goal (on lines 5cm thick), but in the case of a judge, can the opposite be interpreted as someone who breaks the law? Our judicial system considers the right to make mistakes in their work to apply the laws legitimate due to their human condition, which is questionable when more than 50 judges (supposedly independent) do it systematically when interpreting misappropriation crimes that is to say, with a conceptual base similar to 1+1=2.
The pleasure of entering a bakery is unquestionable, the smell tells us that we will be able to get something tasty, if we enter a perfumery the pleasure of smells is guaranteed. If we enter a library we anticipate what we are going to find: knowledge, learning things. If we go to a hospital the smell will be clean, we know in advance that they are going to do everything possible to cure us...... but... what happens when we enter a court? What do Spanish courts smell like? Does so-called Legal Security exist? That is to say, do we have the guarantee that our courts will respect our Constitution? Will their decisions comply with the laws?
Contrast the eagerness with which our magistrates arrogated to themselves the privileges of the aforamientos in 1985, with the difficulty of restoring Article 14 of the constitution today, 40 years later. If we look for the impediment in the media, there is naively talk of the complexity of modifying article 101.2 of the constitution, but it is omitted that they are elected officials and that some regional governments have already renounced them. It is accredited in jurisprudence the lack of independence of our judges especially when it comes to recognizing the crime of "a partner". Likewise, the decision to exempt millions in fines is taken by people who have the privilege of not being judged for it.
We are a country where citizens are happy, where our judicial, political, and institutional system respects the laws and rights of citizens. Our accredited "rule of law" is strengthened by democratic values and respect for those who think differently. Everyone wants to follow our country model, or not? . Outside our borders they have a perception of 60 points in the corruption index (2022), which contrasts with the absence of publications regarding the events that put us in this position: is there someone corrupt in Spain? Isn't it news of interest? Is corruption persecuted in Spain?
The Constitution or Magna Carta, approved in 1978, is the center of the political system and legal system in Spain. Aristotle says: It is dangerous that power is not regulated by laws and that it is exempt from all responsibility (priviledges). Holding the privileged to account is a healthy principle to avoid corruption of power and enrichment in the exercise of office. This is undoubtedly the purpose of our association to denounce, disclose all violations and misuses that threaten it. Without a doubt the most worrying are the privileges that the most powerful citizens have assumed for themselves for 39 years
The social instability that occurs when a referee is not fair and favors a team with his decisions is striking. In justice there is no VAR, is there? Can it be understood that a judge who judges another judge exonerates him arguing that "there is no right to be right"? . Serious is triggered when acts occur that violate the rights of a party. Can you imagine a referee tripping the players? . Without making value judgments about the impunity in which our courts move before this type of irregularities, it contrasts with the message that is disseminated in the media regarding its slowness
You can read the article 8/21/2022 (el pais) about the cover-up by Spanish prelates of innumerable crimes, highlighting the "divinity" with which they have been treated for their status as "ecclesiastics" for years. Reviewing our article 14 of the constitution: "Spaniards are equal before the law and no discrimination can prevail due to .... or any other personal or social condition or circumstance." But in the face of this attempt at constitutional order, when do our judges look at their navel? and therefore the rest that has been granted gauging privileges so that it would not be so noticeable.
It is unfortunate but true "there is no rule of law in Spain", we occupy position 23 (year 2022) in the official list that appears on Wikipedia, that is without counting the scandals that will soon appear in the media: people imprisoned, intimidated because they have denounced corruption... even though Law 2/2023 should protect them. While the billions of scams will disappear without our fiscal and judicial power "independent of each other" (but fellow opposition judges) having shown any motivation to recover it. But let's be "positive" we are above other countries, that is, it could be worse