The wife of Pablo Llarena appears involved in a bribery case. The issue of 'the daughter of Marchena' places the wife of Pablo Llarena, Gema Espinosa Conde, in a very compromised legal position if elected as a member of the General Council of the Judiciary.
The Selection Commission, a tripartite body comprising the highest representatives of the CGPJ and the judicial school - whose director is the wife of Pablo Llarena -, the State Attorney General's Office and the Ministry of Justice, which are the ones organizing the oppositions to judges and prosecutors, this July last took the controversial decision to create a position of prosecutors without having competition for it and with the exclusive purpose of favoring the daughter of the president of the 2nd Chamber of the Supreme Court, Sofía Marchena, who lost the opportunity to access the judicial career with its promotion to be sick, appearing both women in this way as protagonists of what seems clear that it was a bribe.
When making the illegal decision to create a position of prosecutors that was not provided for in the call for competitions, the wife of Pablo Llarena could have also committed a crime of illegal appointment of a public official of article 405 of the Criminal Code that punishes the authority or public official who, in the exercise of his competence and knowing of its illegality, proposes, names or gives possession to the exercise of a certain public office to any person without meeting the requirements legally established for it.
The problem is not only that there is a gap in the law as justified by the Selection Committee, but also that there is no legal support to create a place more than those provided for in the competitive examination for the fiscal career, said practice is prohibited by the rules of the call and contravenes what is provided in Article 301 of the LOPJ, which requires the Selection Committee to distribute candidates approved in accordance with the positions called for one and another career, without being authorized to redistribute the previously assigned seats between the two races.
The importance of this whole matter lies in the fact that the wife of Judge Pablo Llarena, Gema Espinosa Conde, is a member of the Selection Commission in her capacity as Director of the Judicial School. And the suspicion of the commission on his part of an alleged crime of illegal appointment of a public official to supposedly favor the daughter of the president of the 2nd Chamber of the Supreme Court, puts him in a very compromised legal position if elected as a member of the General Council of the Judicial Power to appear linked in this way also to a bribe.
The problem that is now going to be posed to the Parliament of the Nation, which is ultimately responsible for the appointment of judicial members (10 on the proposal of the Congress and 10 on the proposal of the Senate), is how it will overcome the suspicions that are going to plan between the illegal appointment of Pablo Llarena as instructor of the cause of the procés and what seems to be the payment of that favor, creating a position of prosecutors also illegally to favor the daughter of Manuel Marchena, who ultimately depended on the appointment of instructor.
The Selection Commission, a tripartite body comprising the highest representatives of the CGPJ and the judicial school - whose director is the wife of Pablo Llarena -, the State Attorney General's Office and the Ministry of Justice, which are the ones organizing the oppositions to judges and prosecutors, this July last took the controversial decision to create a position of prosecutors without having competition for it and with the exclusive purpose of favoring the daughter of the president of the 2nd Chamber of the Supreme Court, Sofía Marchena, who lost the opportunity to access the judicial career with its promotion to be sick, appearing both women in this way as protagonists of what seems clear that it was a bribe.
When making the illegal decision to create a position of prosecutors that was not provided for in the call for competitions, the wife of Pablo Llarena could have also committed a crime of illegal appointment of a public official of article 405 of the Criminal Code that punishes the authority or public official who, in the exercise of his competence and knowing of its illegality, proposes, names or gives possession to the exercise of a certain public office to any person without meeting the requirements legally established for it.
The problem is not only that there is a gap in the law as justified by the Selection Committee, but also that there is no legal support to create a place more than those provided for in the competitive examination for the fiscal career, said practice is prohibited by the rules of the call and contravenes what is provided in Article 301 of the LOPJ, which requires the Selection Committee to distribute candidates approved in accordance with the positions called for one and another career, without being authorized to redistribute the previously assigned seats between the two races.
The importance of this whole matter lies in the fact that the wife of Judge Pablo Llarena, Gema Espinosa Conde, is a member of the Selection Commission in her capacity as Director of the Judicial School. And the suspicion of the commission on his part of an alleged crime of illegal appointment of a public official to supposedly favor the daughter of the president of the 2nd Chamber of the Supreme Court, puts him in a very compromised legal position if elected as a member of the General Council of the Judicial Power to appear linked in this way also to a bribe.
The problem that is now going to be posed to the Parliament of the Nation, which is ultimately responsible for the appointment of judicial members (10 on the proposal of the Congress and 10 on the proposal of the Senate), is how it will overcome the suspicions that are going to plan between the illegal appointment of Pablo Llarena as instructor of the cause of the procés and what seems to be the payment of that favor, creating a position of prosecutors also illegally to favor the daughter of Manuel Marchena, who ultimately depended on the appointment of instructor.
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