The National Court Justice and Universal – Republica.com

The National Court Justice and Universal – Republica.com

We have long

juggling Universal Justice games because of the Organic Law of the Judiciary 1985 we went hand in hand, if the expression is allowed. After the death of Franco we wanted to get to the head of the global world in defense of human rights, not only in Spain but in any country where there was need. So, we went further than recommended by the international situation regarding our place in the concert of nations.

The result, perfectly predictable, was the opening of numerous causes that were opened for many years-and still are-sometimes, not getting anywhere. It is absurd to think that one day sit on the bench of the High Court of American soldiers who participated in the murder of journalist Couso in Baghdad. And the scene of some central judge scanning the horizon on the border of Tibet also contribute greatly to our efforts to prosecute those responsible for genocide in that distant country. Examples could be multiplied.

Spain is a country of second row, with forgiveness, and arrogated to itself powers even if the courts do not have the great powers, starting with the United States. Although after the International Criminal Court was created, we did not give us the hint. That was our High Court to deal with those other crimes fleeing jurisdiction. The cases before the International Criminal Court are exhaustively enumerated and essential requirement is to carry the country’s accession to the Treaty of Rome. We, on the contrary, do not waste time with that nonsense.

difficult to understand the position of some judges of the High Court who regret even talking unconstitutional, cutting that jurisdiction in our legal system. Some are based on what you said a foreign character, albeit not explain why we never have to be precisely Spain and the Spanish taxpayer who assume that task and not the International Criminal Court or repeated Argentine courts, French or any other country. It would be nice to see how, in a well-balanced righteous zeal, the National Court in Madrid, self-proclaimed International Court in his spare time, and any court of Bergen (Norway), Lagos (Nigeria) and Casablanca (Morocco) are vying for competition that these crimes do not go unpunished.

And in the end we find that when the Organic Law of the Judiciary reform, the new text is not as clear as it should, so that judges and magistrates divide when interpreting. The Supreme Court has revoked the releases granted by the High Court to forties alleged drug dealers who were captured in international waters and whose new detention does not seem easy. The difference of opinion on the understanding of the laws is normal to some extent in the daily life of the courts, but that does not exempt from responsibility the legislator does his job poorly. And it seems more correct that the Minister of Justice to intervene in judicial controversy.