‘…………..’Spain is different”
does that mean that some Spanish judges are not capable of making consistant decisions on cases that are clearly ‘right or wrong’ as judged by any reasonable thinking person, and could have life changing consequenses? Surely that deems that person not fit to judge?
I would say that does sum up things at present. There are still many judges in the system tainted with developers money and protecting friends and family in local government.
Spain has a very bouyant old boys network. Only in the last few years have precedents outside of this network been achieved, largely due to the new, younger and more democratic intake, who most likely were too young to imbibe the Franco era morals.
European precedents are more commonly taught in Spanish law schools now, with the aim of embedding more consitent and fair rulings from seemingly older and wiser legal fraternities within more senior member states.
It is a case of parachuting in greater and fairer legal machinery rather than waiting for it to develop from a very embryonic state.
It isn´t going down at all well with certain corrupt sides of the Spanish legal hierarchy, they are exposed and uncomfortable.
The Malaya case is an exellent example of the internal struggle going on.