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
Surely you have gotten a little involved with the tongue twister, but if you read it slowly you will find in this text the fundamental principles of our constitution, "control" of our powers, as a key piece of our rule of law and of our constitution being " Normative".
We must inform you that on April 16, 2024 we processed an appeal before the ECtHR against the arrests, unfortunately after trying to get some Spanish jurisdiction: Superior Court of Justice, Supreme Court or Constitutional Court to consider it of constitutional interest that the arrests have existed in our country since 1985. , that is, privileges of a few to have privileged treatment before the law. We are not going to look for casual relations that it was also in 1985 when our country joined the European Union (effectively in 1986).
A lot has happened since those years, but more recently in 2001, the European Union, in an attempt to homogenize the structures of the member countries, created Regulation (EC) No. 1049/2001 (Art. 6.1 regarding an impartial and independent court): the double instance and the appeal. which despite its mandatory nature and hierarchy superior to the LOPJ from which these privileges emanate, our Constitutional Court has not felt motivated to repeal. Although the EC regulates compliance with the regulations of member countries, it does not appear to be very "coercive" in its June 2023 report.
Likewise, after the transposition of the European directive on the protection of whistleblowers of corruption converted into law 2/2023 and the imprisonment (4 months after this law existed) of Judge Fernando Presencia for denouncing corruption in our courts, we have made our attempt to render accounts to the Superior Courts, the National Court, etc... all of them have been archived in their corresponding "Special" Prosecutor's Offices that have not found any motivation to "doubt" that our authorized persons may be using their privileges for "not very honest" (remember at this point that we are human and that even our "prelates" have fallen into temptation)
It is therefore proven that there is no control of the powers and therefore that we do not have "RULE OF LAW", limit ourselves to enjoying life and being "HAPPY" without "demanding control" of our powers.
Art 9 CE IT IS UP TO THE PUBLIC POWERS TO PROMOTE THE CONDITIONS SO THAT THE FREEDOM AND EQUALITY OF THE INDIVIDUAL AND THE GROUPS IN WHICH THEY ARE A MEMBER ARE REAL AND EFFECTIVE; REMOVE OBSTACLES THAT PREVENT OR HINDER ITS FULFILLMENT AND FACILITATE THE PARTICIPATION OF ALL CITIZENS IN POLITICAL, ECONOMIC, CULTURAL AND SOCIAL LIFE.”
ART 14 CE SPANISH PEOPLE ARE EQUAL BEFORE THE LAW, WITHOUT ANY DISCRIMINATION MAY PREVAIL DUE TO REASON OF BIRTH, RACE, SEX, RELIGION, OPINION OR ANY OTHER PERSONAL OR SOCIAL CONDITION OR CIRCUMSTANCE.
And if you still have doubts about the legitimacy of any citizen, the public authorities may require some type of responsibility for this breach of our Magna Carta.
ART 53.2 ANY CITIZEN MAY SEEK* THE PROTECTION OF THE FREEDOMS AND RIGHTS RECOGNIZED IN ARTICLE 14 AND THE FIRST SECTION OF THE SECOND CHAPTER BEFORE THE ORDINARY COURTS BY A PROCEDURE BASED ON THE PRINCIPLES OF PREFERENCE AND SUMMARY AND, IF APPROPRIATE, THROUGH THE APPEAL FOR AMPARO BEFORE THE CONSTITUTIONAL COURT. THIS LAST REMEDY WILL BE APPLICABLE TO THE CONSCIENTIAL OBJECTION RECOGNIZED IN ARTICLE 30
*seek= Reach, obtain with requests or supplications what you want.