A discouraged and divided Council celebrates nine years of service today | The situation that has been dragging on since 2018, described by one of the vocals: “Ravel’s bolero, the same melody with different instruments”
The current General Council of the Judiciary (CGPJ) celebrates this Sunday, December 4, the record of being the longest-lived democracy. four years ago the vocals appointed in 2013 for a five-year term they should have been renovated, a mandate of the Constitution that requires the PSOE and the PP to reach a parliamentary agreement that, far from happening, today seems further away than ever. The members of the Council themselves speak of “discouragement” and of “pathetic” and “disastrous” situation.
The governing body of the judges resolves personal issues of the judges such as maternity and paternity leave, disabilities, transfers, etc.; disciplinary matters as well as political significance such as issuing reports on bills. Today it is made up of three fewer members than it would correspond to, after the resignation of its former president Carlos Lesmes on October 10 and the death and retirement of two other members who could not be replaced.
In addition, since March 2021 it has been experiencing an unprecedented situation, since a reform of the Organic Law that regulates its operation, urged by the parties that make up the Government, prevents him from exercising one of his main functions, which is to make appointments in the judicial leadership -except for the Constitutional Court, after a second reform operated last July-. Uncovered casualties accumulate -worryingly in the Supreme Court- and the lack of renewal that led Lesmes to resign as the presidency of the governing body of judges has created an unprecedented situation to date, with a ‘double head’ which places two different people at the head of the Council and the Supreme Court.
divided council
The blasting of the last renovation attempt at the end of last October he has done no more than vitiate the atmosphere within the Council, despite the fact that outside its members insist on affirming that the situation is cordial among the members. As an example, the failure in the negotiations to appoint two magistrates of the Constitutional Court pending since last June. The lack of agreement supposes even a express breach of the Organic Law of the Judiciary (LOPJ) that last July it was reformed again to force the CGPJ to make these appointments before last September 13, something that has not happened.
In fact, last Friday it was found that the negotiations between the conservative and progressive bloc of the Council have run aground because progressive vocalists insist in maintaining the candidacy of the magistrate of the Supreme Court (TS) Jose Manuel Bandres and their conservative peers to claim other names, which means that, for now, the only agreement is to hold a first vote next December 22. This situation in turn leads to paralysis of the Constitutional itselfwhich will not hold the Plenary to give the pleasure to the two Government magistrates -the former minister Juan Carlos Campo and the former office of the Presidency Laura Díez- until the CGPJ makes a move.
The sooner the better
Several members consulted by EL PERIÓDICO DE ESPAÑA express their concern about the current situation. From the progressive sector, in addition to continuing to demand its prompt renewal -a wish that does not seem to be fulfilled in the coming months-, the members highlight the need to comply with the constitutional obligation to renew the TC with the two corresponding magistrates.
Despite the difficulties, they highlight the work that the CGPJ continues to carry out, such as the one referring to the continuous training of judges and the appointment of non-discretionary vacancies. “We have to keep working, and we are doing it”, The same sources point out that they are waiting for both the higher courts (TSJ) and the Supreme Court to send them the reports that have been commissioned on existing vacancies, in order to adopt solutions in this regard.
Concurs with this point of view Maru Carmonaappointed at the proposal of the PP and who, in addition to being a member, is the President of the Observatory against Gender Violence. In statements to EL PERIÓDICO DE ESPAÑA, he points out that despite the “anomalous” situation work continues “normally” in areas such as disciplinary or inspection. “Regarding the Observatory against Gender Violence, it continues its very important mission of monitoring the phenomenon in Spain and continues to be an international benchmark in this matter,” he points out.
Therefore, he considers that he does not see any discouragement in this effort despite the situation of being in office. “But it is true that the fact of being the only mandate whose vowels do not have exclusive dedication supposes an overexertion that could have been avoided and of course it has been unsuccessful”, he points out.
The same melody with different instruments
From the conservative side, the vocal Juan Manuel Fernandez points out, in statements to this newspaper, that he would summarize the current situation as “worrying” for the constant tensions with the other powers of the State. For his part, Jose Maria Maciasalso appointed at the proposal of the PP, affirms that his feeling is that of being “in the middle of a Ravel’s Bolero, the same melody played each time with a new instrument that is added and with a higher volume”although the one from the CGPJ is a bolero “absolutely lacking in harmony”.
In his opinion, the lack of renewal of the Council has ceased to be the problem to become the symptom, and not the most serious, of the disease that Spain suffers from. He sums it up like this: “a government installed in populism and lack of respect for the democratic controls of its management, which materializes in the suffocation of all aspects that are directly or indirectly related to the Judiciary, which clearly identifies as a nuisance instead of what it actually is, the guarantee of the separation of powers and democracy”.
Other sources consider that has been revealed in a “raw” way“the lack of protection and regulation that the Courts have regarding the Judiciary. “On the one hand, the Council is not renewed within the stipulated period due to a series of conditions imposed by the members of Parliament, and which are totally unrelated to both the Constitution and the interpretation that has been made by the Constitutional Court. about what Council appointments should be outside of partisan strife.”
Added to this, according to the same sources, is a disastrous situation due to the loss by the CGPJ of one of its main functions, as is the appointment of discretionary members of the judicial career. “We find ourselves with a CGPJ without powers, which cannot even designate its own members and chaired by the most senior member contrary to what is stipulated by the Constitution itself.”