The progressive associations remember article 122.3 of the Constitution, which establishes its mandate at five years and “the current one has 10, three presidents and has increasingly fewer members who ceased to be members due to death, retirement or resignation.”
Judges for Democracy (JJpD) and the Progressive Union of Prosecutors (UPF) have published a statement in which they once again demand the resignation of all the members who currently make up the General Council of the Judiciary (CGPJ)by doubling this Monday his mandate provided for in the Constitution for five years with no signs of its renewal occurring.
The progressive associations recall article 122.3 of the Spanish Constitution, which establishes its mandate at five years and “the current one has 10, three presidents and has increasingly fewer members who ceased to be members due to death, retirement or resignation”, an “abnormality institutional” that “represents obvious harm to society and the judicial organization,” with more and more vacancies in the Supreme Court and “the lack of leadership of the CGPJ hinders the work of courts and tribunals,” they say in their statement.
The resignation of the members has been a recurring claim that has been discarded several times by the members of the CGPJ and more so when that of President Carlos Lesmes to try to force a renewal that did not occur.
In the opinion of JJpD and UPF, “Those who remain as members of the CGPJ contribute decisively to maintaining this situation that violates the Constitution and the Organic Law of the Judicial Power“. He adds that they are “people who, due to their profession and responsibility, are obliged to guarantee compliance with both, and with the legal system, prolonging their mandate without credibility, without legitimacy and without any shame.”
To this they add that the “majority group of members of the CGPJ are allowed to intervene in the partisan debate on a bill that had not even been presented in the Cortes”in reference to the amnesty, “delay the mandatory report on bills, such as that of the Criminal Procedure Law, that have not yet been passed, give an opinion with his expired and acting position on the suitability of the general prosecutor of the State , and deliberately delaying the renewal of the constitutional Court“.
“With his behavior, They have contributed to the discredit of an institution that we confirm is in clear decomposition. There is a shameful abandonment of their own and essential functions, which do not produce political returns to those who without legitimate reason keep them in office, the only concern of its members for too long, as shown by the fact that the Supreme Court condemned the CGPJ “in September” for “fail to comply with his obligation to regulate the workload of the judicial career for occupational health purposes, or to annul several of his appointments to the Supreme Court or presidencies of the Superior Court of Justice.”
The statement ensures that the non-renewal of the CGPJ, for which the PPwhose excuses he says do not even deserve comment, also affect the right to the natural judge predetermined by the law, because the corresponding one is not named and service commissions are the only situation that can be agreed upon to reinforce courts and tribunals.