The disciplinary authority of the General Council of the Judiciary (CGPJ) has filed the complaint filed against the judge of Marbella who said in an order that residing in a population of the “deep Galicia” can complicate the custody of a baby for a mother in case of separation. The complaint was filed by the mother’s lawyer considering that in that order, the judge María Belén Ureña used expressions that could constitute an infringement of those provided for in Article 418.6 of the Organic Law of the Judiciary, which considers serious misconduct the use in judicial decisions of “unnecessary or inappropriate, extravagant or manifestly offensive or disrespectful expressions from the point of view of legal reasoning”.
The Galician Parliament rejects the use of the expression “Galicia profunda”.
The Promoter of the Disciplinary Action does not go to the bottom of the matter because the same rule states that the CGPJ can only proceed in these cases “after deduced testimony or communication sent by the superior court in respect of who issued the decision, and who knows of it by way of appeal”. This is, according to the legal grounds of the agreement to close the case, a “procedural requirement” that is not present in the case in question, since there is no record that the court has taken testimony or sent any communication. The decision in question is an order of interim measures prior to the family law action, against which no appeal is possible and which, therefore, will not be decided by a higher court.
The order that states that residing in a population of the “deep Galicia” can complicate the custody of a baby for a mother in case of separation of the couple hides, between its pages, many other controversial aspects that have been overshadowed by the territorial allusion of the writing. For example, the judge insinuated that a woman considered having an abortion and used this as one of the reasons to take custody of her baby. She branded her as “capricious, selfish, immature, aggressive and disrespectful” and him as “a mature and emotionally stable person with a coherent life plan”.
The resolution even prompted the Galician Parliament to reject the use of the expression “Galicia profunda” for any Galician village, parish, town or city. “This qualifier implies a pejorative and unjustifiably negative assessment of the country, which is inadmissible in any context even more so in a judicial resolution,” says an institutional statement that has been pronounced by the president of the Parliament of Galicia, Miguel Santalices, during a plenary session.
The text, which makes it clear that the Galician Parliament is not responsible for pronouncing on the merits of the issue that, in any case, “should prioritize the best interests of the child”, argues that statements of this nature “show a profound ignorance of the reality of Galicia and the Galician people.