2024-01-01 04:41:00
He Court of First Instance number 86 of Madrid will have to study a lawsuit against Vox for denying membership to a lawyer. The judge initially disallowed it when she understood that The statutes of the green training had already been approved by the Ministry of the Interior. Jaén lawyer Pedro Muñoz Lorite appealed the decision before the Provincial Court of Madrid, which has annulled the initial decision. Obliges the court to admit the lawsuit filed and continue the procedure “in accordance with law”.
The car, to which you have had access THE OBJECTIVE, is dated December 7. The Eleventh Section of the Provincial Court of Madrid upholds the appeal filed by Muñoz Lorite and decides to revoke the decision of the Court of First Instance number 86 of Madrid against Vox’s lawsuit. It annuls its file and returns the case to the court of origin.
The magistrates understand that the claim against Vox because the decision to deny affiliation is contrary to the regulation of the right of association law. He understands that political parties have the nature of an association and that this matter is the responsibility of civil jurisdiction, which is why he rejects the initial decision that appeals to the fact that the statutes had been endorsed by the Ministry of Interior and that the resources should be challenged in the contentious-administrative jurisdiction.
Vox’s statutes
Muñoz Lorite’s lawsuit aimed to have it declared null and void article 6 of the Vox statutes. This establishes that to hold membership status you must be of legal age, not have your ability to act restricted, not belong to another party and accept its ideology and the founding manifesto. Once the application is accepted, establishes a provisional affiliation period of nine months in which the National Executive Committee (CEN) may deny entry.
The lawyer received the resolution on June 30 of last year. It was a communication “brief, concise and empty of content regarding his affiliation to Vox consisting of the agreement denying his definitive affiliation”, emphasizes the car. Muñoz Lorite requested through court to annul the decision, but ran into a new obstacle: a magistrate concluded that the formation’s statutes had already been approved by the Ministry of Interior as a requirement for registration in the party registry.
«This procedure is carried out by officials who do not have to know the law. “The decision cannot be left to your discretion.” Muñoz Lorite complains to this newspaper. That idea led him to appeal the dismissal of the case before the Provincial Court of Madrid. The magistrates maintain that the appeal represents “a reiteration of their extensive argumentative position already made in the lawsuit based mainly on democratic rights».
Muñoz Lorite affirms that Vox’s statutes establish that, to be a full member, nine months must pass. A requirement that, in his opinion, is illegal. “If you join a gym you don’t have to wait to get in”, insists the lawyer from Jaen. The order of the Provincial Court of Madrid affirms that a political party is “a particular form of association” and that article 22 of the Constitution It does not exclude that these have a political purpose.
Political pluralism
«The location of the article 6 (of the Constitution) expresses the importance given to political parties in our constitutional regime, as well as the protection of their existence and functions, not only from the individual dimension of the right to form them and actively participate in them, but also based on the existence of the party system as an essential basis for the performance of political pluralism», highlight the magistrates of the Provincial Court.
The order insists that the political significance of its functions “does not alter its nature, although it explains that the Constitution establishes regarding them the requirement that its internal structure and internal functioning be democratic». And he continues: “These considerations about the nature of political parties and their constitutional relevance allow us to conclude that their statutes have special importance.”
The magistrates maintain that the statutes of Vox, while still being a product of their autonomy, “are subject to specific imperatives (sometimes express, sometimes implicit) that make them unique norms in our constitutional order.” They insist that the demand for internal democracy requires that the parties govern their organization and operation “through rules that allow the participation of members in the management and control of governing bodies”.
The lawyer from Jaen had already sued Vox and IU for failing to comply with the internal democracy advocated by the Constitution and the law of political parties. In the case of the green formation, he unsuccessfully requested precautionary measures against “the dedazo” to Macarena People, who was appointed to lead the candidacy in last year’s Andalusian elections. The order stressed that the plaintiff was affiliated with both Vox and IUa circumstance that considered “amazing”.
An argument used by the representative of the formation she presides Santiago Abascalwho assured that Muñoz Lorite was not “full member” because he was discharged a few days before filing the appeal and, in addition, he was a member of another party. The lawyer then admitted to this newspaper that, in Spanish legislation, There is no article that prohibits military participation in several parties..
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