José Luis Ábalos will appeal his 24-year sentence for the 'mask case' to the Constitutional Court and reproaches the Supreme Court: "it confuses the application of the law with the power to create it"

The former Minister of Transport announces an appeal for protection of fundamental rights, after the Supreme Court rejected the nullity of his sentence

of october 15, 2026 at 11:48h
EuropaPress 7285891 exministro jose luis abalos audiencia preliminar tribunal supremo jueves
EuropaPress 7285891 exministro jose luis abalos audiencia preliminar tribunal supremo jueves

The former Minister of Transport, José Luis Ábalos, announced this Thursday that he will appeal his conviction to 24 years in prison for the Constitutional Court (TC) in the 'mask case', and has reproached the Supreme Court (TS), the body that judged him, for "confusing the application of the law with the power to create it".

According to what he published on the social network X, the former minister's "next step" will be to file an appeal for protection before the court of guarantees "for the violation of fundamental rights".

The Supreme Court's rejection of the nullity incident

The announcement comes a day after it was made public that the Supreme Court rejected the nullity petition filed against the sentence that declared him guilty of crimes of criminal organization, bribery, influence peddling, and embezzlement.

José Luis Ábalos has stated that, "once the incident of nullity of proceedings that I filed on July 15 against his conviction of June 22 has been resolved, I will proceed to appeal before the Constitutional Court for violation of fundamental rights, given that I have no other possibility through the ordinary jurisdictional route".

The jurisdiction of the Supreme Court, at the center of the complaint

The former minister, who has been in prison since November 2025, has insisted on his complaint that the Supreme Court was not competent to judge him once he resigned as a deputy and lost his parliamentary immunity.

The high court put him on trial considering that, in cases with privileged individuals, the resolution that agrees to the opening of the trial constitutes the moment in which the jurisdiction of the trial court is fixed, even if the condition of privileged individual has subsequently been lost, as occurred in the case of the former minister, who resigned later.

For José Luis Ábalos, "neither can a procedural agreement of the Second Chamber of the Supreme Court itself" that would end up judging him "be prioritized over a fundamental right of constitutional rank such as that of the double criminal instance, fully recognized by the legal system and protected by European law and international treaties".

In his message, the former minister has also maintained that "we are not facing an interpretation of the law, but the creation of a procedural norm by a power that is not entitled to it", and added that this action "contravenes a fundamental right that requires a legislative treatment of greater exigency due to its character as an organic law", to conclude that it represents "a disservice to the rule of law when the highest judicial body confuses the application of the law with the power to create it".

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