Guilarte criticizes the legal reform to renew the Council, bypassing the Senate: "The letters of the CGPJ should be removed and the Government of Spain should have a judicial section"
The acting president of the General Council of the Judiciary, Vicente Guilarte, has been very critical this Tuesday of the legal reform that aims to reduce the parliamentary majority for the election of the judicial members of the body, thus avoiding the Senate, and therefore, the Popular Party to participate in the renewal of the judges' government.
In an interview on Onda Cero, Guilarte has indicated that if the modification of the Organic Law of the Judiciary (LOPJ) is carried out so that there is an absolute majority of Congress – not the three-fifths of the Chambers currently required – the to appoint the twelve judicial members “the letters of the CGPJ would have to be removed and the Government of Spain would have a judicial section.”
“That would be a model not of separation of powers but of coordination of powers. “It seems like nonsense to me,” added Guilarte.
The PSOE has conveyed the idea in recent weeks that if there is a coalition government and the Popular Party continues to block the renewal of the CGPJ, legal formulas will be studied to be able to appoint the new members of the governing body of judges without having the training by Alberto Núñez Feijóo.
For their part, Podemos were more explicit and openly proposed last August to modify the LOPJ so that Congress could elect the judicial members of the CGPJ.. The former deputy of the purple party, Pablo Echenique, stated that “it is true that the Senate is currently electing 10 of the 20 members, but Congress can use its majority to modify the LOPJ and have the Senate only elect 4 of the members.” twenty”.
The popular ones plan to turn to Europe if the Executive finally dares to lower the majority to appoint the judicial advisors of the Judiciary. For his part, the Commissioner of Justice of the European Union, Didier Reynders, after hearing the ruling of the Constitutional Court that opens the way for only one of the Chambers to elect the members, warned that the EU “will act” if it observes any ” regression” in the principle of separation of powers and that Spain could be taken before the Court of Justice for these events.
On the other hand, the president of the CGPJ has shown himself in favor of modifying the system of election of the magistrates that make up the judicial leadership within the body.. The president has proposed that the appointments of judges of the Supreme Court be carried out through a regulated competition, with public scales and a specialized court, to always prioritize merit and capacity in discretionary appointments.. Guilarte has pointed out that this measure would “dilute” the “interest of the parties to obtain the members.”