One of the most important Spanish associations of Judges, Judges for Democracy, filed a lawsuit requesting the annulment of the appointment of Judge Llarena as Judge of the Second Chamber of the Supreme Court for violating the regulation, the law, and the Constitution.
This illegal promotion would have occurred making Llarena the instructor of the special cause against Catalan leaders in prison and exiles, since the whole procedure would have been oriented to the judge occupying the vacancy of the Second Chamber of the Supreme Court — which tackles special cases of politicians with parliamentarian immunity — clearly breaking the rules of distribution of the Special Causes approved by that same High Court.
As the Spanish newspaper Público revealed a few days ago, on March 18, 2016, Judges for Democracy filed a contentious-administrative appeal against the appointment of Llarena at the Supreme Court in defense of the legal and constitutional rights of the magistrates excluded in the selection of the Permanent.
According to Judges for Democracy, Llarena’s appointment “was done without respecting the principles of merit and capacity established in Article 23 of the Spanish Constitution. “It also violated two articles of the Organic Law of the Judicial Power, three articles of its Appointment Regulations, and three articles of the Spanish Constitution, which clearly shows the interference of “someone” from the Spanish government, to appoint a “friendly” judge to instruct the special Catalan case.
In 2017, the Criminal Chamber of that same High Court, chaired by Manuel Marchena and formed by four other judges that formed the Chamber of Admission, decided “to irregularly appoint Judge Llarena as instructor of the Catalan case.”
In doing so, the Judicial Branch breached its own regulations. Llarena was the last judge on a list of 5 Supreme Court judges: 1) José Ramón Soriano Soriano, 2) Miguel Colmenero Menéndez de Luarca, 3) Antonio del Moral García, 4) Andrés Palomo del Arco, 5) Ana María Ferrer García and 6) Llarena, who should have received the task of instructing this cause in accordance with the provisions of the Agreement of the Government Chamber, dated December 21, 2016, regarding the composition and operation of the Chambers and Sections of the Supreme Court and assignment of presentations that the magistrates must submit in 2017.
This Agreement states:
“When the appointment of an Instructor proceeds, his designation will be carried out according to the order of seniority, excluding the President and the Judges that form the Admission and Resource Rooms.”
In conclusion, the current law and regulation is clear with the procedure to appoint the Instructor of Special causes: however, this case has been flagrantly violated by the Admissions Board Speaker and President of Second Hall, Manuel Marchena, close to the PP, who appointed the last Judge on the list, instead of the first of the judges according to the period established by seniority.
These efforts to appoint Judge Llarena as instructor of the case against Catalan political prisoners and exiles by someone close to the PP and the Spanish government, clearly shows the nonexistent separation of powers in Spain and that the whole case against Catalan leaders (still commanded by the PP) is a farce without any kind of legal guarantee for the prisoners, who will probably end up with unfair prison sentences of up to 30 years.