CGPJ Protests Limiting Its Functions Without Listening To Judiciary

The CGPJ warns that limiting its functions without listening to the Judiciary and Europe undermines the principle of separation of powers. By 16 votes to 5, the governing body of the judges “deeply regrets that the Bureau of the Congress of Deputies has ignored” the request made in December.

The General Council of the Judiciary has requested this Thursday the Bureau of Congress to reconsider its position when limiting the functions of this body – to prevent it from making appointments while its mandate is extended – without first obtaining its criteria or that of Europe before approving this legal modification.

By 16 votes in favor and five against, the Plenary has approved a text where “it is obliged to request, from the deepest respect for parliamentary autonomy, the reconsideration of the agreement of the Board of the Congress of Deputies to give Urgent processing and without hearing of any kind to the modification of a regulation that directly affects one of the main functions – eliminating it during the situation of extension of the mandate – that article 122 of the Constitution reserves exclusively to guarantee the independence of judges and magistrates, as the decision taken was not the appropriate path or the one most respectful of the requirements of the principle of separation of powers. ”

The governing body of the judges “deeply regrets” that the Board of the Congress of Deputies “has ignored the request that it addressed through the agreement adopted in its plenary session on December 17, 2020 so that the aforementioned proposal submit to the reports of this Council, the European Commission for Democracy through Law (Venice Commission / Council of Europe) and hear all the agents affected by the proposed reform; in particular, the associations of judges and prosecutors, as well as other representative entities and public institutions in the field of Justice “, indicates the document, to which EL MUNDO has had access.

The governing body of the judges recalls that the hearing of the parties concerned by the legislative amendment is part of the principles and requirements that derive from European Union law and inspire the action of the Council of Europe to preserve judicial independence.

“The lack of a hearing not only ignores the role of the General Council of the Judiciary as guarantor of the independence of judges and magistrates, but also prevents it from ruling on the adequacy of the proposed reform to the constitutional principles and European standards of all Rule of Law, based on the principle of separation of powers as defined in European Union Law and in the opinions of the Venice Commission “, indicate the members.

In addition, the Plenary once again urges the political forces represented in the Cortes Generales to agree as soon as possible to renew the institution in order to provide it with stability. The Council has had its mandate extended since December 4, 2018 due to the lack of agreement between the Government and the PP to carry out its renewal.

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