José Sócrates' European Court Gambit to Halt Marquês Operation Trial Likely to Fail

José Sócrates, the former Portuguese Prime Minister, is making a last-ditch effort to halt the Operation Marquês trial by appealing to the Court of Justice of the European Union (CJEU). This move marks the latest in a series of over 100 legal challenges and procedural incidents since 2014 aimed at delaying the trial.

The Latest Legal Maneuvers

Sócrates' defense has filed three nearly simultaneous legal actions requesting the CJEU's intervention. These include:

• Challenges to the trial judge and the Prosecutor General's involvement in the case, with requests for referral to the CJEU.
• An appeal to the Supreme Court of Justice, also seeking referral to the CJEU, based on a claimed 'writing lapse' regarding the corruption charge.

Legal experts are skeptical about the success of these efforts. Paulo Saragoça da Matta, a criminal law specialist, notes that while theoretically possible, such referrals are practically unprecedented in Portuguese criminal law, especially without prior suspension of the trial.

The Core Issues

Sócrates' defense raises two main questions to the CJEU:

1. Whether EU directives, combined with the Charter of Fundamental Rights and the European Convention on Human Rights, oppose Portuguese law allowing appellate courts to unilaterally upgrade charges without notifying the defendant.
2. Whether the same legal frameworks oppose the application of error correction mechanisms in charges more than six years post-accusation, especially when not requested by the prosecution.

Expert Opinions

An anonymous criminal law expert suggests that while the defense is exhausting all avenues, the likelihood of halting the trial is minimal. They criticize the timing of the appeal, noting it challenges a decision over a year old, which has already been finalized.

The broader legal community views these efforts as a strategic delay rather than a substantive challenge, with little chance of derailing the ongoing trial.