Alicante’s legal community has issued a firm response, rejecting in no uncertain terms the Corporate Declaration approved during an extraordinary session of the Alicante Bar Association. The document, alleging a political agreement and claiming that power checks were ignored, is described as inconsistent with the duties of the association’s leaders and with the anticipated standards of judicial independence. Lawyers within the College insisted that the board should not serve as the defender of any branch of government, and they laid out their objections item by item. The disclosure was circulated within the College as a formal motion to be brought before the board for consideration.
Notification
“Not in our name”
The undersigned lawyers, mindful of the Institutional Declaration about an agreement among political parties, reject that declaration in the clearest possible terms. The reasons are outlined below:
1. The defense of rights and freedoms accords with the principles of a social and democratic state and with constitutional law. Article 1 of the General Statutes of the Legal Profession requires respect for the results of legally held elections and for the composition and function of the Cortes Generales, which represents citizens. The corporate statement issued by ICALI’s board contradicts this obligation. There is a duty to refrain from expressing opinions on agreements that specific political groups may pursue.
2. The published statement breaches the principle of impartiality that should guide the board of directors. It carries a clear political bias, and given the compulsory membership of many ICALI lawyers, the group does not support this stance. The worded message appears to reflect a personal or factional position rather than a neutral institutional viewpoint.
3. The declaration labeled as “Institutional” represents the opinion of some Board members rather than a consensus reached by the broader plural legal profession under ICALI. It did not receive full consultation or agreement from all members.
4. ICALI’s board has not weighed in on central or regional government decisions or on the handling of proposals or bills from political groups that directly affect the application of law. While denial has been offered, the statement carries a distinct political tilt that fails to meet the expected standards of neutrality.
5. It is not the board’s role to act as the defender of the judiciary, which functions through its own competent bodies. When the ICALI board holds extraordinary sessions on matters beyond its remit, it risks overstepping its purposes. The Directorate General of Lawyers remains responsible for safeguarding the rights and professional interests of its members, often putting the profession’s broader interests at stake in court and tribunal proceedings.
Therefore, the undersigned lawyers demand the immediate withdrawal of all elements of the Corporate Declaration and the removal of the current board from public duty. Alicante, 13 November 2023.
SIGNATURES:
Enrique Botella Soria, membership number: 2,200
Elena Reig Cruañes, membership number: 3.400
José María Girón Giménez, registered number: 2.852
María González Ruiz, university number: 4.391
Lidia Carmen Pérez Belmonte, membership number: 4.277
Mª Isabel Moltó Miró, membership number: 2563
Obdulia Martínez Asensi, membership number: 2.100
Lidia García Olcina, membership number: 1.944
María García Olcina, membership number: 3.836
Francisco Antonio Marhuenda Beltrá, membership number: 4.561
Paloma Cascales Bernabeu, membership number: 5.312
José Antonio Díaz Fernández, membership number: 5.820