Of the 11 recommendations of the Council of Europe Group of States against Corruption (GRECO), Spain Satisfactorily fulfills seven, while partially doing so only in three. The eleventh, however, relating to the election of the General Council of the Judiciary (CGPJ), which has raised so many concerns and warnings for months in Brussels, is still not applied, according to the conclusions contained in the last evaluation report approved this week by GRECO on the prevention of corruption of parliamentarians, judges and prosecutors in Spain. “It is a matter of critical concern that must be addressed as a matter of priority,” says the analysis.
The document, which calls for Spain to send additional information before December 31, 2023, evaluates the implementation of the recommendations issued in the fourth report adopted in December 2013. On that occasion, those responsible for the GRECO They recommended that Spain carry out an evaluation of the legislative framework that regulates the General Council of the Judiciary (CGPJ) and its effects on the real and perceived independence of this body against any undue influence to correct the deficiencies detected. The body of the Council of Europe concluded in June 2019 that Spain had not applied the recommendation and urged action to avoid the election by CGPJ politicians.
Three and a half years later the situation remains the same. Although the Spanish authorities notified the beginning last October of negotiations to renew the governing body of judges, the talks have been paralyzed. “GRECO regrets the lack of positive results to apply this recommendation & rdquor ;, points out the text, referring again to the Council of Europe standards on the election to judiciary councils. “When there is a mixed composition of the judiciary councils, for the selection of the member judges, the norms establish that the judges must be chosen by their peers (following methods that guarantee the broadest representation of the judiciary at all levels). and that the political authorities, such as Parliament or the executive, do not participate in any stage of the selection process & rdquor ;, warns this body reiterating that the stoppage for four years in the appointment of the CGPJ, due to the continuous blockade of the PP, “is a issue of critical concern that must be addressed as a priority & rdquor ;.
system paralysis
Among the recommendations to Spain It also includes the establishment by law of objective criteria and evaluation requirements for the appointment of the higher ranks of the judiciary -presidents of the Provincial Courts, the Superior Courts of Justice, the National Court and the judges of the Supreme Court- with the aim of guaranteeing the independence, impartiality Y process transparency. An element that only partially met three years ago. “The authorities of Spain indicate that, since the renewal of the General Council of the Judiciary (CGPJ) has not taken place, there is nothing new to report in this area & rdquor; GRECO points out that it also regrets the lack of news because the acting CGPJ cannot proceed to make appointments to high judicial positions. “This is a very worrying situation,” they insist.
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On the other hand, the document values positively the approval of the new regulations of the public prosecutor’s officewhich regulates the disciplinary regime of prosecutors, but admits, as the latest report on the rule of law in Spain published by the European Comission last July, that the relationship between the attorney general and the Executive “is an issue that continues to arouse concern in public opinion& rdquor; regarding their perception of independence. Hence the recommendation to carry out a “broader & rdquor; of the statute of the Attorney General. “It will be important to guarantee that this reform process includes a phase of consultation with the profession itself, to the extent that any proposed change is related to the operation of the prosecution service and the priorities it entails,” the opinion points out.
As far as members of parliament are concerned, GRECO recalls that a specific regulations regarding pressure groups and that, despite the higher transparency requirements established by the Code of conductpractice shows that there is a lot of opacity regarding the contacts of parliamentarians with pressure groups and other third parties that try to influence the legislative process.