“My name is Francisco Javiera, and I'm a woman.” From Francisca Javiera there was no news until Thursday, when Francisco Javier Borrego, lawyer's lawyer for half a century, former magistrate of the Supreme Court and the European Court of Human Rights, concluded that identifying for a few seconds as a woman in the Congress of Deputies was a solid argument with which to refute the postulates of the “Law for the real and effective equality of trans people and for the guarantee of the rights of the rights of the rights of the rights of the rights. generally known as “trans law.”
Borrego had been invited to Congress by the Vox parliamentary group to talk about 'gender ideology and false complaints'. Present, a group of ultra -right deputies and others related to the cause. And this lawyer, born in Seville 75 years ago, decided to expand in a good handful of issues that have him in suspense and keep, more or less, some relationship with the title of the conference is supposed to be supposed.
Namely: trans law, immigration, the relationship between Carles Puigdemont and Pedro Sánchez, consent in sexual relations. Everything, seasoned with alleged irony, “a little humor,” said Deputy Rocío Aguirre to explain clicks that banalized sexual assaults, gender identity or immigration drama: “I feel a woman today”; a “Negrero ship” (Open Arms); “Here we are all adults, and some have had sexual relations: when is all the time of a sexual relationship?” “I confess that I belong to the little one,” he finished.
Borrego is a jurist with extensive tour in national and international bodies accrued in sporadic political commentator. For years, his talks with an alleged jocularity with his own seal, which serves to varnish the reactionary burden of his parliaments, either a TV toro gathering or a legal days.
Many times the result is disconcerting. At the University of Cork (Ireland), in 2011, he began his presentation on several sentences related to abortion issued by the European Court of Human Rights (ECHR): “Good evening, I want to explain to you who (sic) I am speaking in the Spanish language: I like the party of bulls, I try to understand that party, but I will never dare to go down to a square and lock myself with a bull. I have a lot of respect. ”
Pedro Sánchez, “Caudillo”
Lately, Borrego lasted in The Objetive, that has published him Eight articles in three yearswith the following headlines: Cheater ecologism; The National Police is not racist; Scandalous law fraud; The right as a weapon of war; There will be no income tax next year; The foolish minister and the spiral of Noelle-Neumann; Colonization? No. It is looting; GENERAL ELECTIONS: It is not when, it is how “.
His enemies in those texts Van de María Jesús Montero to George Soros, through the president of the Government, Pedro Sánchez, whom in 2023 he defined as a “leader” that has “colonized one by one all the institutions” and “has sold Spain” to be able to “continue sleeping in the Moncloa and using the falcon.”
It was in an article Posted in Civilization that began paraphrasing the last part of the war of the coup plotters after the Civil War: “today, captive and disarmed the Judiciary, I have reached and submitted my penultimate constitutional objective. Democracy has ended. The President of the Plurinational Republic, Pedro Sánchez-Castejón.”
From the school of Pilar al Tedh
This performance as an articulist has completed in recent years a career as a jurist who began very soon and reached high levels before working as a lawyer at the signing of Miguel Durán, where he still exercises.
According to his official curriculums, Borrego was 20 when he obtained the law degree, in June 1970. Something very exceptional that he managed to examine at the Complutense University of two courses in a single year. He came from the College of Pilar, through which José María Aznar, Alfredo Pérez Rubalcaba, Javier Solana, Juan Miguel Villar-Mir, Juan Abelló, Luis María Ansón or Juan Luis Cebrián, among many others, also passed in those years.
After obtaining the bachelor's degree, he approved the prestigious opposition to the State's lawyer and climbed positions until he took the Head of the Service before the European Commission and before the European Court of Human Rights. In 2003 he obtained his first appointment to jurisdictional work (without being a career judge): from the list proposed by Spain for judge of the European Court of Human Rights, The parliamentary assembly of the Council of Europe chose him by overwhelming majority. Borrego replaced an eminence of public international law in Spain, José Antonio Pastor Ridruejo.
The Tedh judge's task means assessing the possible violations of human rights committed by countries signatory to the European Human Rights Agreement, maintaining the independence of their country of origin. From one day to another, Borrego went from representing the interests of Spain as a state lawyer before the ECHR to be a Judge of the ECHR. On behalf of Judge. “Was The voice of the people Among the rest of judges that was dedicated to defending the State instead of the victims. He was an unattended judge, ”recalls a source with experience in international law at the highest level.
In this sense, a Article in The Objective where it celebrates the exoneration of Spain in an case of alleged elaboration of racial profiles by the police, and load in abstract against the “strategic litigation”, a tool to which NGOs usually resort to expand rights achieving legal reforms or extensive interpretations of rights (human, social, environmental) from chosen cases capable of sitting precedent.
Critic with the jurisprudence of the ECHR
Borrego finished his mandate in Strasbourg in 2008, but did not lose sight of what happens in the ECHR, a crucial scenario where not only the violations and abuses of the states are settled, but the scope in the interpretation of human rights, which distills the dominant ideas of each time.
In 2009 published an article in The world in which he lashed out at the jurisprudence of the court of which he had part of, accusing his judges (singularly, to those who came from the academy) of producing “a kind of teacher lessons, which did not sentences” perched on his “ivory tower.” The reason for his onslaught was the controversial sentence To the barn, that he had just condemned Italy for maintaining the crucifix in a public school. The sentence of condemnation in the first instance (European) was adopted unanimously of seven Judge of the ECHR, but was revoked by the Grand Chamber two years later, in 2011.
In 2016 he returned to the load, accusing his former teammates of “frivolity” For, in his opinion, to resort “peripheral” reasoning (the right to private life) to indirectly attack Christian values in their sentences related to abortion, assisted death and gay marriage. That article began ensuring that a Magistrate of the ECHR had rebuked him in 2006 for hanging the ultrasound from the cork of his office where his future grandson was seen. He concluded by citing the Gospel.
Return to Spain: Conflict with the President of the Chamber in the Supreme Court
In 2018, he would return to the leap to the highest jurisdictional function: he was elected magistrate of the Third Chamber (contentious-administrative) of the Supreme Court for the turn of “Jurists of recognized prestige”.
It lasted little. Only two somewhat turbulent years, in which the General Council of the Judiciary opened a disciplinary file at the request of the president of his Chamber, Luis María Díez-Picazo. The latter denounced that Borrego had lacked respect and threatened in his office after a discussion about the delay with which he had his affairs. Borrego counterattacked ensuring that Díez-Picazo denied him the greeting in a bar before sending him for a walk, according to reported in his day The independent. Finally, The CGPJ filed the file for not having accredited the disciplinary fault. Borrego left the Supreme Court in 2020, just two years after arriving, when he turned 70 who sets his ordinary retirement.
Since then he serves as a lawyer. Among other cases, it has the defense of the Luxury Resort Island of Valdecañas (Cáceres), on which since 2022 he weighs a sentence (appealed to the Constitutional Court) of his former partners of the Supreme Court ordering his demolition for invading protected zone. And it continues to intervene as an opinion where it is given a chance, although sometimes its causes seem from another time: for example, it continues to cry out against the drafted of the Civil Code that says that the marriage will have the same requirements and effects “when both parties are of the same or of different sex”. “That is, first between people of the same sex, and then the rest”, He has written.
In recent years he has also formalized his relationship with the defense of ultra causes. At least until 2022, the Board of Trustees of the Christian Lawyers founded, according to Eldiario.es. He is consistent with the vision of the world of whom he has never hidden that his legal ideas are marked by his mission as a Hidalgo of tradition and the most rigoristic currents of Catholic doctrine.
