The European Commissioner of Justice has claimed a "profound" reform of the system of choice for the Vocas of the CGPJ "so that most of the vowels are elected by the judges themselves."
About what did not have been pronounced Didier Reynders is whether the reforms should be done after renewing the Council, as the Government proposes, or before changing to the vowels, as the Popular Party claims.
"I'm not going to go if you should first be the egg or the chicken," said the Belgian Commissioner, resting on importance at the time the change occurs, as long as it occurs: "The important thing is that the Council is renewed and that Go to a deeper reform. "
Reynders has made these statements after meeting with the four Spanish judicial associations. The meeting has occurred in two phases, which again reflect the two options on the table. First he has done with the progressive judges and judges for democracy, which prioritizes immediate renewal with current law.
Then he has met with the Professional Association of the Magistracy, the Francisco de Vitoria Judicial Association Independent Judicial, who load more about the need for profound reform that allows judges to choose part of vowels.
Reynders' statement is not neutral. He aligns more with the theses of the three associations with which he has gathered jointly and with those of the Popular Party. Something that can be called a "profound" reform is not accepted from the government.
In his early days in office, both the Minister of Justice, Pilar Llop, and that of President Félix Bolaños, defended the current system that the 20 vowels are elected by the courts, that is, a political filter passes. The argument is that this step through the courts, a reflection of popular sovereignty, gives them a legitimacy that they would not have in case of election by the judges themselves. So neither the government nor the PSOE support with model change, just retouching in the current one.
The European Commission has repeatedly pronounced times over the past two years on the matter. His position appeared on the first report on the rule of law and again in the second, culminated in the month of July. But also in various manifestations of curators, senior community positions and spokespersons. Brussels urges the renewal of the General Council of the Judiciary and regrets the paralysis that for years prevents it from it. But it also claims the government and opposition to agree.
But beyond the petition, the Commission has made it clear that it does not look with good eyes either the vocal election system. The EU recommends the standards set from the Panel of the Council of Europe, which advocates by leaving at the hands of the judges the choice of at least 50% of the CGPJ, something that the government is making a deaf ears. It is a delicate, complicated and very sensitive theme, but the Commission has used the mechanisms at their disposal, and the media, but to take the colors to Moncloa in the last year by the Reformation attempt promoted by the PSOE and united we can, It was against those preferences and recommendations.
Commissioners Reynders and Jouris have gone to the Palestra to press and discourage and messages in private ambassadors, deputies and several ministers (or former ministers) of the Executive have been shrinking. The risk for Pedro Sánchez is the comparison with Poland, the country that has the most problems and the black beast on this issue. The EU has led Warsaw to the tribals and the warning to Madrid was very clear: if it was followed by the preferred path by Sánchez an infringement procedure would be opened and both partners would be placed on the same bag, with a public image cost and huge reputation. The government accepted, at least partially, the defeat and reversed with its reform project, although some of the new ministers have kept rhetoric and pulse.
Although the communiqué is a joint, it reflects the different positions of the associations. "Since judges and judges for democracy, the Commissioner has been asked to require Spanish political parties so that they proceed without delay at the immediate renewal of the Council according to the current legality, also given the loss of credibility and degradation in which the same It is found. This is not aimed at renewing the Council, a peaceful and constructive subsequent parliamentary process can be initiated to establish a system of consensual election and with a vocation of permanence. "
And then it is added that since the other three associations it has insisted "in the need for the European Union to maintain the firm commitment that has been demonstrated so far so that our Council of the Judiciary complies with the European standard, according to which at least Half of its members should be democratically elected judges by judges. "
"The three associations," add, "we have proposed an immediate change of system of vocal election, in such a way that the joint designation system is fulfilled, as claimed by the European Commission, the Council of Europe, the majority of The citizens and 90% of the judicial career ".
For Reynders the subject has become a toothache. For the publication of the report on the rule of law, in July, the team had dozens of meetings with all those involved in the sector, from the Government to the magistrates going through lawyers and prosecutors. He should have remained the thing there, but the Belgian is aware of Moncloa maneuvers, of the few advances and want movement. Brussels leaves the political difficulty, from the winemaking and believes that summer paron was understandable (it was when government and position became called to reopen the negotiation) but they will do everything possible to accelerate the steps and to tell the executive that it is not just rhetoric. That is why the meeting with the associations and that is why the direct words of him, beyond a mere almost informal communicate, as is the usual after these meetings, which occur by tens every month.Updated Date: 22 September 2021, 10:11