The Fiscalía has remitted this Tuesday 28 December a writing to the Provincial Audience of Madrid in which it asks that it refuse the recusación presented so much by the UEFA as by the League of Professional Football against the judge of the case of the Superliga, when considering that the magistrate does not have previous relation neither interest in the process. In concrete, the representative of the Public Ministry does not think that the lawsuit "provide him an advantage or profit" or that avoid him a damage for "him or for his gathered".
To trial of the representative of the Public Ministry, according to the egencia of news EFE, the reasons alleged to treat to separate of the case when titling of the Court of the Mercantile number 17 of Madrid, Manuel Ruiz of Lara, "do not reveal the previous relation of the magistrate with the object of the process", neither considers tested that the lawsuit provide him "advantage or profit" neither avoid him a damage for him or for his gathered.
It costs to remember, that so much the UEFA like the League of Professional Football (LFP) considered that they existed indications that revealed the "apparent predisposition to the pretences of the part demandante" by part of the magistrate recusado, a position that does not see so clear the Fiscalía.
It is not asumible
In this sense, the Fiscalía remembered that the causes to sustain that in a judge has direct or indirect interest in a cause, reason that would give foot to accept the recusación, are "clearly contemplated" in the law. In this case, the suppositions alleged, to interpretation Of the representative of the Public Ministry, "are not subsumibles in the reason of recusación invoked".
Finally, also it sustains that it does not result "arbitrary" the decision of the magistrate to suspend the process and later heave said suspension until the questions prejudiciales posed in front of the Court of Justice of the European Union (SJUE) went resolved.