Felix Bolaños defends against the EU and the constitutional that the judges do not choose the judges

The renovation of the General Council of the Judicial Power (CGPJ) yesterday untied a crisis between the PSOE and the PP that leaves in the dead end any option

Felix Bolaños defends against the EU and the constitutional that the judges do not choose the judges

The renovation of the General Council of the Judicial Power (CGPJ) yesterday untied a crisis between the PSOE and the PP that leaves in the dead end any option to reach an agreement to exit the blockade. That would be the closest thing to a miracle in sight of the distance that now separates the two games. If the tension is common whenever this problem is touched, yesterday gave an open confrontation after the Minister of Presidency, Felix Bolaños, defended against the criterion of the European Union and the Constitutional Court that "judges can not Choose the judges ».

Is an option presented as if it were undemocratic to then defend it was Parliament that decided the members of the governing body of judges so that it has a base of public legitimacy.

"In a rule of law, in a democracy with our Constitution, judges can not choose judges, nor politicians can choose politicians. They all choose citizens, because they are powers of the state, "he said. "We can not make different watertight compartments between the powers. All have to have democratic basis ».

These words caused the angry reaction of the PP. Pablo Married immediately demanded the cessation of the Minister of the Presidency for practicing "an inadmissible totalitarianism" and accused him of having perpetrated a "attack" to democracy, the rule of law, judicial independence, the Constitution and the EU with its statements .

The PSOE counterattacked. He recriminated by the PP leader to act at "Tita hit" to "manipulate" the opinions of the minister and reproached him hiding behind "a thousand excuses" so as not to revoke the CGPJ.

The words of Bolaños clash frontally against the criterion of the European Union and the Spanish Constitutional Court. From Brussels, the European institutions have insistently known to Spain that the best system of choice is the one that most dispenses for political power. The last report of the European Commission on the matter, of last July, remembered the insistent "appeals" for the system to be reformed and that at least a majority of vowels were appointed by judges, "in line with European standards" and Other Community countries - now all go through the endowment of the courts.

On the other hand, against the affirmations of Bolaños, which has been in question in Spain for its possible unconstitutionality is not the system that demand judicial associations, but the current one. Until 1985, at 12 of the 20 vowels, judges chose them. The PSOE changed the law and the matter ended up in the Constitutional Court. The Guarantee Court endorsed the reform, but he did showing his preference for the previous one, which he saw more advisable. According to the sentence, the plurality that the constituent sought in the CGPJ "is reached more easily by attributing to the judges and magistrates the power to choose 12 of the members of the CGPJ».

And warned of the danger that the new system will end in a political distribution: "The existence and even the probability of that risk, created by a precept that makes it possible, although not necessary, an action contrary to the spirit of the constitutional norm, seems to advise Its substitution ", but it is not enough basis to declare its disability," said magistrates in that judgment of 1986.

The current political fund is that the PSOE and the PP have been a pulse for three years for the renewal of the Government Body of the Judges, whose vocals have been expired three years with the expired mandate. Socialists tried to overcome PP's demands to agree on the majorities that are required in Congress for the appointment of vowels. Of the three current quintos - to force an agreement between the two main parties - was attempted to fix in the absolute majority (176 deputies). But that ended up being shipwraging after the European Union gave the alarm voice. The PP requires that the reform demanded by the EU already applies in this renewal and the PSOE appeals to that brussels pressure, but only to choose the 12 vowels. Meanwhile, as Bolaños emphasized, the government continues to be enocused and denying that judges choose the judges.

The Secretary of Justice and Interior of the PP, Enrique López, has accused this Friday the Government and the PSOE of not believing in judicial independence and not trusting the judges. "What Bolaños did was to manifest the real face of a government and a socialist party that does not believe in the independence of the judges and who does not trust the judges," López said, in DECLARATIONS to Telecinco, collected by Europe Press.

For the PP, which Thursday asked for the cessation of Bolaños, the position of the Minister is "against the Constitution" and is an "unheardable" error, added. "He came to say that politicians can not choose politicians. To him who has appointed Minister of Presidency more than President Sánchez?" He has asked.

Thus, it has pointed out that this position follows the same line of the appointment as the General Prosecutor of the State of Dolores Delgado, who had previously been Minister of Justice in the Executive of Pedro Sánchez, something that "a lot is very concerned in Europe".

Updated Date: 03 September 2021, 08:47

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