

Source:Libertad Digital
New warning to the Government from the Council of Europe: it reminds it once again that judges must participate in the election of the CGPJ.
the Group of States against Corruption (GRECO), part of the Council of Europe, has lamented the “lack of positive” and “tangible” progress regarding the system for electing the General Council of the Judiciary (CGPJ) and has urged Spain to undertake a reform in which its members are given a “voice” and “consulted”.
This is what emerges from its report on the implementation in Spain of the recommendations it has been making to our country on anti-corruption measures regarding parliamentarians, judges and prosecutors. The dossier analyses whether and, if so, how Spain has implemented the recommendations made in this area by GRECO itself during the fourth evaluation round.
The fifth recommendation of this document – out of a total of 11 – is, for GRECO, the only one in which Spain has not complied. The group had called on Spain to conduct an evaluation of the legislative framework governing the CGPJ and its impact on the actual and perceived independence of this body from undue influence, with a view to addressing any shortcomings identified.
In this line, GRECO urges “the authorities to implement the recommendation without delay” and also stresses that in doing so “it is extremely important that the judiciary is consulted and has a say in key decisions regarding its functioning and priorities”.
But they also state that “the necessary discussions in this regard with other branches of government should take place in a climate of mutual respect and take particular account of the preservation of the independence and impartiality of the judiciary”.
The election of the CGPJ, “a critical issue”
The report’s conclusions put the spotlight on what they see as “a critical issue: the system of selection of the CGPJ and its perceived politicisation“. “This is a cause for concern, as the CGPJ is responsible for some crucial decisions in the judiciary, including the appointment of judges to senior positions and disciplinary matters,” they recall.
According to GRECO, the information provided by the Spanish authorities “does not add anything new to what had already been analysed in the 2013 fourth round evaluation report”. Today, they point out, “the situation is exactly the same, and the concerns expressed in light of it remain the same, if not more so, than before”.
“At that time, GRECO stressed that one of the most notable objectives of a judicial council, whenever it exists, is to safeguard the independence of the judiciary, both in appearance and in practice. It further pointed out that the result in Spain had been quite the opposite, as evidenced by repeated public concern in this area,” they explain.
11 July 2016
The group insists that it has already pointed to the “applicable Council of Europe rules on the election of judicial members of judicial councils”. These state that “where there is a mixed composition of judicial councils, for the selection of judicial members, it is advised that they should be elected by their peers, following methods that ensure the broadest representation of the judiciary at all levels”.
It criticises the latest PSOE and UP proposal
In addition, it stresses that “political authorities, such as the Parliament or the executive, should not be involved at any stage of the selection process”.
The report also notes that “whenever a renewal of the CGPJ has taken place, misgivings have been expressed about political bargaining and for the appointment of key judicial posts”.
One of the most significant sections criticises the proposal to reduce the majorities for appointing members of the CGPJ proposed by PSOE and UP: “More recently, a deadlock (more than two years) in the appointment of the CGPJ, led a number of parliamentary groups to present a bill to unblock the system”, they explain and recall that for “GRECO (together with other key international actors in this field, including the European Commission and the European Association of Judges) expressed its concern about the aforementioned proposal“, they recall.
They also criticise that a few months later a new proposal was presented to “prevent the CGPJ from making discretionary appointments when in office”, which has also “been criticised by judges and by the judges’ governing body itself”.
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On this day
- 1348 Pedro IV of Aragon subdues and dismantles the powerful Aragonese Union, which united the nobility of Aragon, at the Battle of Épila.
- 1454 Enrique IV is proclaimed King of Castile after the death of his father, Juan II, in Valladolid.
- 1568 The Spanish army, under the command of the Duke of Alba Don Fernando Álvarez de Toledo y Pimentel, defeats the rebel army of the Netherlands commanded by Louis of Nassau at the Battle of Jemmingen.
- 1773 Pope Clement XIV orders the dissolution of the Society of Jesus
- 1775 Construction begins on the new capital of Guatemala (the previous one, called Antigua, was destroyed by an earthquake in 1773). It is located 40 km from the previous one and will be called Guatemala City.
- 1822 Agustín I is crowned emperor of México together with his wife Empress Ana María.
- 1847 The Treaty of Peace and Friendship is signed by which Spain renounces sovereignty over the territories that make up the Republic of Bolivia.
- 1938 The peace treaty between Bolivia and Paraguay is signed in Argentina, putting an end to the Chaco War. For this agreement, Argentine Foreign Minister Carlos Saavedra Lamas wins the Nobel Peace Prize.
- 1974 Amparo Muñoz of Spain is elected Miss Universe in Manila, Philippines.
- 1981 The King and Queen of Spain decide not to attend the wedding of Prince Charles of England and Lady Diana Spencer, after it was announced that the couple would begin their honeymoon in Gibraltar.
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[…] an end to the “perception of politicisation”. Thus, the Council of Europe insists that it should be the judges who elect its members, in line with European standards, a proposal taken up by the Popular Party with Pablo Casado as […]