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.
Focusing on the facts to understand the solution of the problem:
FIRST: On the one hand we have a small group of Spaniards with the public function of applying the laws, that is, "Judge", which has skipped article 14 of the constitution (1978): Spaniards are equal before the law, without any discrimination based on birth, race, sex, religion, opinion or any other personal or social condition or circumstance.
and article 35.1 of the LOTC (1979): When a judge or court, ex officio or at the request of a party, considers that a norm with the rank of law applicable to the case and on whose validity the ruling depends may be contrary to the Constitution, it shall refer the matter to the Constitutional Court subject to the provisions of this Law.
And they arrogate to themselves some privileges called aforamientos: which aim to safeguard institutional independence, with many nuances you can enjoy reading this article
SECOND: we have a multitude of jurisprudence that exonerates large companies from paying millionaire fines,
- 8 OCTOBER 2019, CELLNEX'S FINE OF €13.75 MILLION SUSPENDED
- SEPTEMBER 24, 2021 AN SUSPENDS FINE OF 123 MILLION TO DURO FELQUERA
- DECEMBER 10, 2022 AN SUSPENDS FINE OF 38.5 MILLION TO FERROVIAL
- MARCH 17, 2023 AN SUSPENDS FINE OF 17 MILLION TO NATURGY
But the scandal reaches such a point that the CNMC itself complains that all fines are suspended by the National Court, but being more insightful than the average to which this news is directed, we must mention the condemnation 2 years before the EU to Cellnex to return the aid (250 million euros) to the Spanish state to understand why the MAY 11, 2023 CELLNEX IS CONFIRMED FINE OF 13 MILLION, which had been annulled 4 years earlier?
THIRD: the balloon of corruption grows unstoppable, you can analyze how they get into a drawer "of oblivion" procedures with millionaire amounts without recovering in which the fiscal agencies do not find "motivation" to recover
But the most worrying is the last royal decree that December 22, 2022 that exonerates from responsibility "THE OFFICIAL WHO DOES NOT ENRICH HIMSELF DIRECTLY". It is understood in this case that any public official who suspends fines will not have any responsibility if later that company in gratitude makes an income (tip) to another public official.
It is striking the coincidence in time of this exoneration of responsibility of public officials with the allegations that tips have appeared in tax havens in the name of "other" public officials.