Last Tuesday, an exciting hearing occurred before the Court of Appeal on the 𝗖𝗼𝗿𝗶𝗻𝗻𝗮 𝗭𝘂 𝗦𝗮𝘆𝗻-𝗪𝗶𝘁𝘁𝗴𝗲𝗻𝘀𝘁𝗲𝗶𝗻-𝗦𝗮𝘆𝗻 𝘃 𝗳𝗼𝗿𝗺𝗲𝗿 𝗦𝗽𝗮𝗻𝗶𝘀𝗵 𝗞𝗶𝗻𝗴 𝗝𝘂𝗮𝗻 𝗖𝗮𝗿𝗹𝗼𝘀 𝗜. The appeal focused on whether immunity laws protect pre-abdication actions. In this regard, the appeal is essentially based on three grounds:
The first issue is that the appropriate “test” is to see whether the acts are affected by the “colour” of authority” of the person responsible, i.e. his public capacity, or not.
Secondly, for the defence of the former king, the acts could not be prosecuted as the Spanish intelligence agency, the ‘CNI’ carried them out at the sovereign request of the country, typical of those acting in their public capacity.
Finally, the defence concludes, the appealed judgment would not be correct, given that, first, it applied an incorrect “test”, second, it erred in the application of the “guidances” according to English and international law and finally, the decision misinterpreted the particulars considering that they were ambiguous when in fact they were not.
Interestingly, many elements will still emerge as we go into more detail, such as certain damages that could be subject to liability under the 5(a) exception of the State Immunity Act of 1978.
Many thanks to exceptional journalist 𝗘𝗿𝗻𝗲𝘀𝘁𝗼 𝗘𝗸𝗮𝗶𝘇𝗲𝗿 and El Periódico for once again having my opinion on this unique case in the history of Spain and the courts of England and Wales.
