20 March 2020

Junqueras, Romeva and Forcadell appeal the ruling against the independence process to the Constitutional Court and call for the recusal of all the Court’s judges


Between 13 and 20 March, Junqueras, Forcadell and Romeva present appeals for protection before the Constitutional Court in relation to the ruling against the independence process. In her appeal, Forcadell argues that the Supreme Court ruling does away with the autonomy of parliaments and, therefore, the separation of powers in the Spanish state. She also alleges that she has been discriminated against in comparison to the other members of the Bureau of Parliament who have not been convicted in the case. Junqueras and Romeva denounce the violation of several fundamental rights such as the rights to assembly and demonstration, right to freedom of expression of political ideas, right to ideological freedom and the right to political participation and representation. They refer to both the 1 October referendum, which they see as falling within the framework of freedom of expression and ideology, and the 20 September demonstration, which they consider a peaceful, not tumultuous, protest. Junqueras and Romeva also argue that their parliamentary immunity was violated and that there were procedural irregularities during the trial. The three defendants call for the precautionary suspension of the ruling and the recusal of all the Constitutional Court judges, whom they ask to abstain, for their lack of impartiality in the process. On 23 June 2020, the Constitutional Court unanimously rejects the recusals, arguing that the judges are not being challenged individually based on their personal circumstances, but that their impartiality is being questioned simply because they are judges on the Constitutional Court.

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