soyeb25
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Do³±czy³: 11 Mar 2024
Posty: 1
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 Courts of Plaza de Castilla, Madrid |
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Regarding Madrid's initiative to appeal through litigation in the National Court, Morera emphasizes that “it is a logical decision. This is a letter that we keep in case the Constitutional Court validates the tax. We will continue to appeal because there may be principles not only constitutional but also legality that have been infringed .”
In this regard, he emphasizes that “this approval of the tax on large fortunes violates the principle of legal certainty. This is a fundamental right enshrined in European regulations themselves. It could reach the Supreme Court and Email Data even the European CJEU . Even if the Constitutional route did not work, I have the contentious route of going to other instances and even ending up jumping to the EU. That is another longer path in time.”A judge prevents a lawyer from intervening because his client does not appear
If the sentence is condemnatory, the lawyer will appeal considering the right to defense has been violated.
Alawyer reports that a judge has not allowed him to intervene in a trial because his client, the accused, did not appear. According to this lawyer, the person in charge of the Investigative Court number 20 of Madrid also told him that it was her usual way of proceeding . These facts represent, according to various sources consulted, a very serious violation of the right to defense.
The lawyer, José Domínguez, tells Economist & Jurist that, upon arriving at the hearing for a minor crime, he found that the person he was defending and whom he had not been able to contact, was not present. At that moment, with a closed microphone, the judge tells him that “since his client has not come, I am not going to let him intervene in the trial .” Domínguez confesses that, at that moment, he was “flat-mouthed” and replied that, regardless of whether the accused was present, he had the right to participate because, otherwise,
The right to defense (referred to in article 24 of the Constitution) would be violated. According to his story, the judge responds that they will record it but that she will not give him the floor. Once the recording begins, the lawyer makes the protest and indicates that he must intervene. In defense of the accused, the lawyer intended to allege the drug dependence situation in which the person found himself or the state of need that would justify the starving theft of which he was accused. The judge, however, cut him off while he was saying it and repeated that his intervention was not appropriate, to which the lawyer requested that the situation be recorded .
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