Alicante Lawyers Challenge Institutional Declaration and Call for Public Accountability

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Notification

Not in our name.

The undersigned lawyers, aware of the institutional declaration about an agreement between political parties approved by the first Alicante Bar Association in an extraordinary session on November 10, 2023, state their clear rejection of that declaration. The reasons outlined reflect a firm stance on the proper role of a professional body in society and the limits of its public commentary.

1. The defense of rights and freedoms, aligned with the principles of the social and democratic state as described by constitutional law and article 1 of the General Statutes of the Legal Profession. Those statutes require respect for the results of legally held elections and for the representatives of citizens in the Cortes Generales. The board’s corporate statement is interpreted as contradictory, and there is an obligation for the board to refrain from expressing opinions that could appear as support or opposition to any particular political group.

2. The released statement appears to violate the principle of impartiality that should guide the board of directors. It shows a notable political bias, and since many ICALI members are obliged to join, the opinion is viewed as incompatible with the profession’s inclusive spirit and the diverse views within ICALI.

3. The declaration labeled as institutional is viewed as a personal opinion from members of the board, not consulted or agreed upon by the entire plural legal profession comprising ICALI. This raises concerns about representativeness and legitimacy within the association’s public statements.

4. The board has not historically commented on central or regional government decisions or on proposals and bills that directly influence the application of law. While it may deny it, the current statement conveys a distinct political bias that does not reflect the full range of professional perspectives present in the organization.

5. The board does not hold a duty to act as the defender of the judiciary, which has its own competent bodies. The ICALI board is known for holding extraordinary meetings on matters beyond its direct remit while the Directorate General of Lawyers continues to expect the institution to serve its core purposes. Those purposes include protecting the rights and professional interests of members, which frequently intersect with court procedures and general public interests in the practice of the profession. The balance between these aims is essential for the organization’s credibility and its perceived neutrality.

In light of these considerations, there is a call for the immediate withdrawal of all instruments related to the corporate declaration and for a reevaluation of the current board’s public stance. The date referenced for this call is November 13, 2023.

SIGNATURES

Enrique Botella Soria, membership number 2200

Elena Reig Cruañes, membership number 3400

José María Girón Giménez, registration number 2852

María González Ruiz, university number 4391

Lidia Carmen Pérez Belmonte, membership number 4277

Mª Isabel Moltó Miró, membership number 2563

Obdulia Martínez Asensi, membership number 2100

Lidia García Olcina, membership number 1944

María García Olcina, membership number 3836

Francisco Antonio Marhuenda Beltrá, membership number 4561

Paloma Cascales Bernabeu, membership number 5312

José Antonio Díaz Fernández, membership number 5820

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