As is well-known, the Courtroom of Accounts (which is the physique constitutionally accountable for overseeing the accounts of the State) has opened a file for accounting accountability to forty leaders of the “procés”, because of public funds used illegally for the international promotion of the independence plans. The worldwide effective revolves round ten million euros, though it isn’t but identified the person diploma of accountability that will attain every of them. After all, the sanction might be appealed (particularly earlier than the Supreme Courtroom, and even, the place applicable, earlier than the Constitutional Courtroom) with out prejudice to having fun with the corresponding enforceability, which could be suspended via the structure of the pertinent assure.

In actuality, nothing very totally different from what occurs each day with the abnormal functioning of the Administration and each baby of a neighbor is aware of effectively. Maybe the one peculiarity of this Courtroom (which has a particular authorized nature, nearer to the jurisdictional than to the executive one) is that it’s purported to be way more unbiased than different administrative our bodies that act with the identical or extra forcefulness (such because the Treasury), though it’s apparent that it has not been spared the partitocratic assault that has been threatening all our establishments for many years, and to which the bulk political events, together with the nationalists, have contributed a lot. Those that have an interest can seek the advice of the report made a couple of years in the past by the Maximabest Basis (here).

Properly, it seems that among the many recordsdata is Mr. Mas Colell, one in all our greatest identified and respected lecturers. However Mr. Mas Colell will not be on file for this situation, however for having been Minister of Economic system of the Generalitat underneath the presidency of Artur Mas till 2015 and, consequently, answerable for the corresponding budgets. Though the pro-independence drift of that Authorities was already evident, we have no idea to what extent Mr. Mas Colell’s accountability on this diversion of funds is specified. That is identified to the technicians and counselors of the Courtroom who’ve thought of that it deserved to be included within the file, and the legal professionals of stated man who’ve been in a position to entry it.

However this technical ignorance has not prevented the creation of an necessary mobilization between nationwide and international lecturers denouncing the injustice of this case. Began by his son Alex, it has had plenty of assist in Spain and overseas. What is actually surprising in regards to the case is that each one the assist and articles printed in its favor (don’t miss It is by Jordi Amat) appear obituaries, through which the undoubted educational and political deserves of the individual underneath investigation are glossed, however the place not a single phrase is claimed in regards to the potential technical-legal incorrectness of the sanction proposal.

This circumstance appears to me terribly revealing of the present Catalan and Spanish scenario, as a result of it’s extremely paying homage to the arguments of legal professionals in classical Athens when a defendant, outstanding or not, was dropped at trial within the meeting, and the way effectively they’ve transmitted to us Isocrates and Antiphon, amongst others. Whenever you learn these texts, what strikes you probably the most is that each the prosecution and the protection don’t concentrate on the proof that proves sure info and the relevant guidelines, however on the deserves and character of the accused. They don’t focus on whether or not or not it’s confirmed that he was in such a spot at the moment and if the witnesses are dependable, however about whether or not he is a superb (or reprobate) citizen who has contributed like no different (or nothing) to prosperity. from town.

When one displays somewhat on the lookout for a proof, one instantly notices a indisputable fact that typically goes unnoticed. And it’s that Athens might be a democracy, but it surely was actually not a rule of legislation. The court docket was not composed of specialist judges, however of abnormal residents who, inevitably, valued the utility for town of the accused in query, of his conviction or of his acquittal. One who had develop into too highly effective, and for that very harmful, might deserve exile, no matter what he had really executed, and, conversely, a citizen might be acquitted extra for his previous deserves or for the expectation of constant. producing them than by the absence of proof in opposition to them.

At this time we all know, or we should always know by now, after the Enlightenment and the bourgeois revolutions, {that a} democracy with out the rule of legislation will not be a real democracy, as a result of it doesn’t respect, amongst different fundamentals, the precept of equality earlier than the legislation. A precept so fundamental and elementary that neither the overall legislation itself can exonerate it (ordering, for instance, {that a} professor from a high college who turns into a politician mustn’t assume any accounting accountability, or, maybe one thing much more helpful, than for every article that’s printed in an influence journal will take away two site visitors fines). Even much less can a specific legislation do it for the advantage of a specific lord (which is technically referred to as “privilege”). Nonetheless much less an administrative or jurisdictional resolution that exonerates a confirmed fault in consideration of the previous deserves of the corresponding topic (which might incur in manifest arbitrariness and, after all, in prevarication). And, clearly, neither is the opinion of a sure social sector, regardless of how mobilized it might be.

The surprising factor about this initiative in favor of Mr. Mas Colell, due to this fact, is that it as soon as once more highlights the whole lack of expertise that exists right this moment in Spain, and particularly in Catalonia, in regards to the intimate connection between democracy and the rule of legislation. Respect for the foundations and procedures will not be an impediment to democratic justice, however its solely assure. What doesn’t cease main, however, nice public advantages, as a result of historical past insistently exhibits us that, when that precept will not be revered in a specific case, instantly many others be a part of the open bar, who is aware of why. , with usually disastrous outcomes. So, as with each neighbor’s son, let Mr. Mas Colell’s file conclude, the sanction to be finalized, and we wait patiently for the enchantment and the Supreme Courtroom’s resolution. In a democracy now we have nothing higher to know the reality.

Oh, by the best way, and for these involved in regards to the neutrality of our establishments, from the Courtroom of Accounts to the Courts of Justice, I depart you right here this link the place they will make an financial contribution to our Basis, which since its inception has been preventing virtually alone for the energy of our establishments, so threatened for many years by the Huns and others.


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