Mas Colell and the principle of equality before the law –

As is well-known, the Courtroom of Accounts (which is the physique constitutionally in command of overseeing the accounts of the State) has opened a file for accounting accountability to forty leaders of the “proc├ęs”, because of public funds used illegally for the overseas promotion of the independence plans. The worldwide tremendous revolves round ten million euros, though it’s not but identified the person diploma of accountability which will attain every of them. After all, the sanction may very well 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 might be suspended by way of the structure of the pertinent assure.

In actuality, nothing very completely different from what occurs day-after-day with the abnormal functioning of the Administration and each youngster of a neighbor is aware of properly. 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 imagined to be way more impartial 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 of 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 number of years in the past by the Basis (here).

Effectively, it seems that among the many information is Mr. Mas Colell, certainly one of our greatest identified and respected teachers. However Mr. Mas Colell shouldn’t be on file for this situation, however for having been Minister of Financial system of the Generalitat underneath the presidency of Artur Mas till 2015 and, consequently, accountable 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-about that it deserved to be included within the file, and the attorneys of mentioned man who’ve been in a position to entry it.

However this technical ignorance has not prevented the creation of an essential mobilization between nationwide and overseas teachers denouncing the injustice of this example. Began by his son Alex, it has had plenty of assist in Spain and overseas. What is actually surprising concerning the case is that every one the assist and articles printed in its favor (don’t miss It is by Jordi Amat) appear obituaries, by which the undoubted educational and political deserves of the particular person underneath investigation are glossed, however the place not a single phrase is alleged concerning the attainable technical-legal incorrectness of the sanction proposal.

This circumstance appears to me terribly revealing of the present Catalan and Spanish state of affairs, as a result of it’s extremely paying homage to the arguments of attorneys in classical Athens when a defendant, distinguished or not, was delivered to trial within the meeting, and the way properly they’ve transmitted to us Isocrates and Antiphon, amongst others. While you learn these texts, what strikes you essentially 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 the town.

When one displays a little bit in search of a proof, one instantly notices a indisputable fact that generally goes unnoticed. And it’s that Athens may very well be a democracy, but it surely was definitely not a rule of legislation. The courtroom was not composed of specialist judges, however of abnormal residents who, inevitably, valued the utility for the town of the accused in query, his conviction or his acquittal. One who had turn into too highly effective, and for that very harmful, might deserve exile, no matter what he had truly carried out, and, conversely, a citizen may very well be acquitted extra for his previous deserves or for the expectation of continuous. producing them than by the absence of proof towards them.

Right now 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 shouldn’t 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 primary and elementary that neither the final 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 impression 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 known as “privilege”). Nonetheless much less an administrative or jurisdictional determination that exonerates a fault confirmed 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, subsequently, is that it as soon as once more highlights the entire lack of know-how that exists immediately in Spain, and particularly in Catalonia, concerning the intimate connection between democracy and the rule of legislation. Respect for the foundations and procedures shouldn’t be an impediment to democratic justice, however its solely assure. What doesn’t cease main, then again, nice public advantages, as a result of historical past insistently exhibits us that, when that precept shouldn’t 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 wait patiently for the attraction and the Supreme Courtroom’s determination. In a democracy we’ve got nothing higher to know the reality.

Oh, by the way in which, and for these involved concerning the neutrality of our establishments, from the Courtroom of Accounts to the Courts of Justice, I go away 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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