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Sunday, August 14, 2022

The Supreme asks the CGPJ to inform the Cortes that not renewing the council will make its situation “unsustainable”.

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It comes after the PSOE on Friday presented an initiative allowing the CGPJ to nominate candidates for the Constituency


The Supreme Court has agreed to turn to the General Council of the Judiciary (CGPJ) to request that it convey to the Congress of Deputies and Senate its “deep concern” at the non-renewal of the governing body of judges, as it reflects the “legal impossibility to make appointments at their own discretion,” creating “a situation which, if it continues, will be untenable.”

In a statement released this Monday, the Governing Chamber of the Supreme Court stated – as on previous occasions – that the “gradual increase in vacancies that cannot be filled reduces the Supreme Court’s ability to perform the function envisaged by the Constitution to fulfill and the laws trust him”. He has warned that the current situation will bring “extraordinary difficulties” for the functioning of the court “in a short time”.

The Supreme Court’s message comes after it was announced last Thursday evening that the PSOE would submit to Congress a proposal to reform the Organic Law of the Judiciary (LOPJ) reform, adopted in March 2021, which prohibits the governing body of judges from making appointments during their tenure at its own discretion, a situation it has been in since December 2018.

If the Socialists’ initiative is accepted, the CGPJ would still not be able to appoint judges in bodies such as the Supreme Court, but it could propose two of the four candidates – the other two correspond to the executive – of the Constitutional Court, which would allow it to vote since June 12 pending partial renewal of the Guarantee Court to meet.


In statements to Europa Press, the judges’ associations criticized the measure proposed by the PSOE on Friday. For the professional association of the judiciary (APM) it represents “no solution” to the blockade situation that the judiciary is going through, but “only shows what idea the proponents have of what the constitutional court should be”. President Mary Jesus from the boat

From the Francisco de Vitoria Judicial Association (AJFV), they called the initiative “nonsense” and assured that this movement shows the intention of its supporters to “apply legislation à la carte”.

Judges and Judges for Democracy (JJpD) asserted that while they are “very respectful” of the association’s dealings with the legislature, “it may not be the right time” to present this reform proposal. And the Independent Judicial Forum (FJI) pointed out that this is “another attempt to control appointments and make them in the interests of the government”.

Members of the CGPJ consulted by this agency stressed that they feared that the PSOE proposal would lead to more tension in the negotiations with the PP to renew the governing body of judges. They also noted that this initiative created a sense that they were “playing” with members’ powers and abilities.

Source europapress.es

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