The establishment of the Spanish State would be made up of the financial-business, political, judicial, military, Catholic hierarchy, university and mass media elites of the Spanish State, natural heirs of the legacy of General Franco who would have engulfed all decision-making spheres (as it follows from reading the book “Financial Oligarchy and Political Power in Spain” written by ex-banker Manuel Puerto Ducet). Said pressure lobbies would be interconnected through “a restless alliance based on their community of economic interests and amalgamated by the uncompromising defense of the 78 Regime and the“ indissoluble unity of Spain ”and their avowed objective would be to implement in Spain a“ non-democratic liberal ”following in the wake of Orbán’s Hungary.
In this context, the recent campaign undertaken by the PP and Vox (Operation Toga) would be framed and that will have the acquiescence of the Supreme Court, the Court of Accounts and the Constitutional Court to provoke the legislative and executive paralysis of the current progressive majority and force the calling of new General Elections with the hope of achieving an absolute majority and implementing a non-liberal democracy that will draw from the sources of Bonapartist centralism and the paternalism of soft dictatorships and will be endowed with the triple enzyme late Franco (maintenance of indissoluble unity of Spain, strict control of immigration and return to the single heteropatriarchal thought).
Pedro Sánchez and “Operation Toga”
The late-Franco judicial lobby would have engulfed the main judicial bodies of the Spanish State (CGPJ, Supreme Court, Court of Accounts and the Constitutional Court) and despite being in office since 2018, the PP refuses to renew the judicial leadership by continuing to hold the majority in said Courts.
The judicial Tardofranquismo would have the Supreme Court as a retaining wall for the decree-laws approved by the “progressive roller” of Congress; to its President Carlos Lesmes as croupier in the roulette of adjudication of positions and judicial processes; to the judges Marchena, Lamela and Llarena as their media stars and to the prosecutors of the “clan of the indomitable” as their dedicated pawns. Likewise, the Supreme Court would be controlled by the so-called “clan of politicians” in the words of the ex-President of the TS Chamber, Ramón Trillo and would have become a true lobby or pressure group of the late Francoist right that through controversial judicial decisions will try paralyze or reverse the political or economic decisions of the Sánchez Government.
Thus, after the macro-trial of the Procés leaders and their subsequent entry into prison, we witness the attempt to paralyze the granting of pardons to the Procés leaders through a report from the so-called “clan of the indomitable” of the Supreme Prosecutor’s Office in which it warned the Government that “the Constitution prohibits general pardons.” Once the attempt to paralyze the granting of said pardons has failed, it is the turn of the second leg of the late Francoist judicial tripod, the Court of Auditors that claims a whopping 5.4 million Euros from said Catalan leaders for alleged undue expenses in the foreign action of the Govern in the period between 2011 and 2017.
In the paroxysm of the judicial offensive, the Constitutional Court entered the scene, which became the new retaining wall of the legislative work of Parliament as well as the supreme inspector of the Executive’s management and whose last intervention was to declare the Declaration of the State of Alarm implemented unconstitutional by the Sánchez Government in March 2020 with a slim majority of 6 to 5. Said ruling would distort the traditional separation of Powers in a formal democracy by usurping the TC the work of control of Parliament to the management of the Government, which will henceforth be subject to at the mercy of the conservative majority of the Constitutional Court.
Said involutionary judicial offensive would seek to turn the Spanish State into a failed State, entrenched and subject to the dictates of the judicial Late-Franco regime, for which the Government of Sánchez could use the doctrine of the Navarrese Contrafuero that “empowers the Government to request reparation for grievances allegedly committed by the Courts of Justice that affect the laws, ordinances and freedoms agreed upon by society through its legitimate parliamentary representation “, but at the bottom lies the imperative need to renew the expired judicial leadership and the sentence to ostracism of the late Francoist judicial lobby.
