Judicial Scrutiny of Parliamentary Immunity in Extremadura's PSOE Leadership Case
A judge raises concerns about potential legal fraud in the parliamentary immunity claims of a former Badajoz politician linked to an ongoing investigation.
A judge overseeing the investigation into David Sánchez, brother of Spain's Prime Minister, has expressed concerns regarding potential legal fraud related to parliamentary immunity claimed by Miguel Ángel Gallardo, the former president of the Diputación de Badajoz.
Gallardo has been accused of seeking parliamentary immunity just before the start of a trial, raising suspicions that this maneuver was intended to evade prosecution.
Judge Beatriz Biedma has submitted a motivated report to the Superior Court of Justice of Extremadura, suggesting that if the court finds no fraud in Gallardo's claims, it should assume jurisdiction over the part of the investigation that involves the hiring of Sánchez as director of the Badajoz office of performing arts.
The situation arose following a defense filing from Gallardo on May 22, shortly after a ruling opened the oral trial earlier that same day.
The defense argued that Gallardo had been granted his credentials as a deputy in the Extremadura Assembly on May 21, thus qualifying him for parliamentary immunity before the Superior Court of Justice of Extremadura.
In her statement, Judge Biedma emphasized that parliamentary immunity should not be considered a privilege, but rather a safeguard for essential functions and the broader interests of society, aligned with constitutional principles.
However, she expressed concern that Gallardo’s claim to parliamentary status was strategically timed to avoid judicial scrutiny.
Notably, Biedma highlighted the significance of a notarized agreement made on May 19 at the headquarters of the party in Mérida.
This agreement was reportedly aimed at ensuring that candidates ranked 19th to 22nd in the electoral list formally renounced their positions as elected deputies in the Extremadura Assembly.
According to the judge, the circumstances surrounding this decision suggest a premeditated plan intended to facilitate Gallardo’s parliamentary immunity claim.
Judge Biedma remarked that public officials must prioritize the public interest above personal gain, emphasizing the ethical obligations tied to public service.
Gallardo is under investigation for signing a high-level management contract with David Sánchez during his tenure as president of the provincial body.
Gallardo has been accused of seeking parliamentary immunity just before the start of a trial, raising suspicions that this maneuver was intended to evade prosecution.
Judge Beatriz Biedma has submitted a motivated report to the Superior Court of Justice of Extremadura, suggesting that if the court finds no fraud in Gallardo's claims, it should assume jurisdiction over the part of the investigation that involves the hiring of Sánchez as director of the Badajoz office of performing arts.
The situation arose following a defense filing from Gallardo on May 22, shortly after a ruling opened the oral trial earlier that same day.
The defense argued that Gallardo had been granted his credentials as a deputy in the Extremadura Assembly on May 21, thus qualifying him for parliamentary immunity before the Superior Court of Justice of Extremadura.
In her statement, Judge Biedma emphasized that parliamentary immunity should not be considered a privilege, but rather a safeguard for essential functions and the broader interests of society, aligned with constitutional principles.
However, she expressed concern that Gallardo’s claim to parliamentary status was strategically timed to avoid judicial scrutiny.
Notably, Biedma highlighted the significance of a notarized agreement made on May 19 at the headquarters of the party in Mérida.
This agreement was reportedly aimed at ensuring that candidates ranked 19th to 22nd in the electoral list formally renounced their positions as elected deputies in the Extremadura Assembly.
According to the judge, the circumstances surrounding this decision suggest a premeditated plan intended to facilitate Gallardo’s parliamentary immunity claim.
Judge Biedma remarked that public officials must prioritize the public interest above personal gain, emphasizing the ethical obligations tied to public service.
Gallardo is under investigation for signing a high-level management contract with David Sánchez during his tenure as president of the provincial body.
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