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Spain’s Constitutional Court Poised to Throw Out Recusals in Amnesty Appeals

The court is moving to clear recusals to preserve its capacity to decide the amnesty appeals.

Overview

  • The plenary plans to inadmit all recent disqualification bids this week, with sources expecting unanimity on the dismissals.
  • Challenges filed by the Abogacía del Estado, Carles Puigdemont and Vox targeting specific magistrates will be rejected ad limine, according to draft orders.
  • The court’s reasoning states that José María Macías’s role in a CGPJ report, prior academic opinions or perceived ideological affinity do not undermine judicial impartiality.
  • Section Two unanimously inadmitted Santos Cerdán’s amparo and will not examine suspending his provisional imprisonment in the ‘caso Koldo’.
  • The TC is tracking the EU Advocate General’s opinion due 13 November, and sources suggest key amparos, including those of Puigdemont and Junqueras, are unlikely to be resolved before the TJUE pronounces.