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Spain's 'Aforados' - Who are they?
Monday, September 22, 2014

What is an aforado ? (legally protected citizen)

An aforado is someone who has the right to be tried for crimes by a different court than those that try other citizens. This right is bestowed because of the aforado’s profession or position as an elected official.
How many aforados are there in Spain?

There are 17,621 aforados, not counting members of law enforcement agencies, who have partial aforamiento. Including them, the total figure rises to 280,159.

Which laws recognise 'aforamiento'?

The Constitution recognizes that the Spanish king, the royal family and politicians The Organic Law of Judicial Power does the same for members of the judiciary.

Regional charters (Estatutos de Autonomía) recognize aforamiento for regional elected officials.

Who are the aforados?

The King
He enjoys the greatest protection of all, since he is free of any responsibility. Article 56 of the Constitution even protects him from any inquiry into his private, civilian life.

The Royal family

Queen Letizia, King Felipe VI’s parents, Juan Carlos and Sofía, and the king’s eldest daughter, the Princess of Asturias.

Politicians
There are nearly 2,000 of them: the prime minister, members of his cabinet, regional premiers, regional department chiefs, the speakers of Congress and the Senate, the speakers of the regional parliaments, the president and board members of the Audit Court, the president and board members of the State Council, and the Ombudsman.

The judiciary

Aforamiento is enjoyed by 5,171 judges, 2,407 attorneys and 7,685 justices of the peace. They include the chief justice of the Supreme Court, the president of the General Council of the Judiciary, the president of the Constitutional Court, the president of the High Court, the presidents of the High Courts, the attorney-general, and the attorneys at the Supreme Court.

Which courts try these people?

Members of the royal family may only be tried by the Supreme Court in both criminal and civil law cases.
National politicians are also tried by the Supreme Court, and this exemption from the lower courts extends to their private lives.

In the case of deputies and senators, the corresponding house must first authorize the trial, which means that a majority could stop the legal proceedings.

As for regional politicians, they are tried by the High Courts in their particular region, and in some cases by the Supreme Court.

Members of the judiciary may only be tried by the Supreme Court. Protection from the lower courts extends to their private lives.

Judges and attorneys may only be tried by the High Courts, and only in relation to alleged crimes committed in the exercise of their duties.

 



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Botin - The man who revolutionized the Spanish banking sector
Wednesday, September 10, 2014

 


Emilio Botín, chairman of the Santander banking group, died in Madrid on Tuesday night of a heart attack. He was 79.

Bank officials gave the news to the market watchdog, the National Securities Commission (CNMV), early on Wednesday morning.

By Wednesday afternoon, the group’s board had unanimously voted in his daughter, Ana Botín, as new chairman of Banco Santander.

The remains of one of Spain’s foremost bankers will be taken to his home town of Santander for burial, bank sources said.

The Santander Group is the largest bank in the euro zone by market value, and one of the world’s largest by market capitalization.

Born in 1934, Emilio Botín came from a long line of bankers that included his great-grandfather, grandfather, uncle, father, and brother.

 

When Emilio Botín Sanz de Sautuola y García de los Ríos inherited the chairmanship of Banco Santander from his father, the lender was still very much a family business. The bank had made a few incursions into Latin America, and it had managed to become one of the seven biggest in Spain. But at that time, Santander was the smallest of all of them. At the time of Botín’s death it had become the biggest in Europe, and one of the 10 biggest in the world. And that is thanks to the initiatives undertaken by Emilio Botín, who would have turned 80 on October 1.

Son and grandson of bankers, and born in the capital of Cantabria, Santander, he studied law and economics at the University of Deusto. In Bilbao he met his wife, Paloma O’Shea Artiñano, from Getxo (Vizcaya), whom he married in 1958 and with whom he has six children: Ana Patricia, Carolina, Paloma, Carmen, Emilio and Francisco Javier. His only brother, Jaime, two years his junior, inherited the chairmanship of another Spanish lender, Bankinter, from his father, a post he later left to be able to focus on his private life.

The older of the Botín brothers, however, was a man of action, who was a keen sportsman (in particular golf) with a frugal appetite. He was one of the most influential people in Spain and also held great prestige the world over. He was very keen to cultivate good relationships with politicians, union leaders, economists, journalists and figures from the world of culture, with all of whom he would sound out opinions with a view to forming his own. His latest obsessions included the emergence of new political party Podemos, the Catalan drive for independence and the rise of new Socialist leader Pedro Sánchez.

His opinions were always taken into account by governments, although Botín was careful not to tie himself too closely to any party or politician. He always backed the four prime ministers with whom he worked, and never criticized their actions.

Just three years after he took the reins of power, Botín shook up the market with the launch of a new bank account. The decision changed the path taken by his competitors and saw the bank start to gain ground.

Botín was a self-confessed devotee of Sun Tzu’s The Art of War, the military strategy manual written more than 2,500 years ago, and in which he found inspiration when it came to beating his adversaries. The rest of the banks in the Spanish market were unable to keep up with the speed of Botín’s actions. Their weaknesses led to a transformation of the sector, which eventually saw Santander take over three of the biggest Spanish banks: Banesto, Central and Hispano.

The emerging lender had gained the necessary weight to expand internationally, in particular in Latin America. It had also been collecting some of the best executives in the sector, who were paid better than anywhere else. In the early years after the merger, the bank completed its expansion in Latin America with the purchase of the Serfin group in Mexico, and Banespa in Brazil, as well as buying up smaller lenders in Argentina, Chile and Venezuela.

n 2004, it took over Abbey, which at the time was the sixth-biggest lender in the United Kingdom. Later on, during the economic crisis, it consolidated its presence in the British and Brazilian markets, and entered Poland. It also got a foothold in the United States with the purchase of Sovereign.

His résumé also contains a few brushes with the law, including several cases brought against Santander by a group of lawyers with close links to the former chief of Banesto, Rafael Pérez Escolar, with whom he engaged in many battles in the Santander shareholder meetings – battles that are likely to continue among the two men’s successors. According to sources with knowledge of the subject, when Botín was called into the High Court over an opaque financial product Santander had offered its customers, an armored truck loaded with cash was hovering nearby should the judge decide to impose a multi-million-peseta bail on Botín. In the end, however, he walked out of the courtroom without having to post any money.

More recently he was forced to pay taxes on bank accounts held in Switzerland after his name – and those of five of his six children – appeared on a leaked list of 659 Spaniards who were hiding more than €6 billion in the Swiss branch of HSBC. The High Court ended up shelving the case against Botín.

 

source : miguel angel noceda - el pais



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