From the Francisco de Vitoria judicial association they point out that “every minute that passes, fundamental rights are being violated.”
He Constitutional Court (TC) has parked its decision on how to implement the Strasbourg ruling regarding the appeal by six magistrates of the Francisco de Vitoria judicial association related to the blockade of the General Council of the Judiciary (CGPJ), despite the fact that Spain has not appealed the decision and, therefore, the sentence is final.
In June, the European Court of Human Rights (ECHR) recognized the violation of renewal deadlines of the General Council of the Judiciary and the fundamental rights of the six magistrates of this association who took the case to Strasbourg, who “had the right” to have their candidacies to the CGPJ studied by Parliament in a timely manner.
A month later, the First Chamber of the TC studied an order that proposed annulling the ruling that dismissed the appeal in April 2021 as untimely and admit it for processing after the ruling of the ECtHR.
However, the court did not make any decision and opened a period of study on the effects of the ruling and the possible reactions of the Constitutional Court with the intention of resolving in September, although There were voices in the court in favor of waiting for the finality of the Strasbourg resolution, since the State Attorney’s Office could still appeal the ruling.
Sources from the court of guarantees have confirmed to EFE that Spain has not appealed the Strasbourg ruling, although The court does not plan to address this matter immediately or as a priority. since there are “many urgent and relevant issues” that demand the court’s attention and “not everything can be attended to at the same time.”
Therefore, the court’s intention is to “reflect on how to execute it” for which several scenarios are being considered.
Among this, annulling the rulings of inadmissibility and directly admitting the appeal for processing; first listen to the Public Prosecutor’s Office and the appellants or request an in-depth technical report to the lawyers of the Court and submit it to the Plenary Session.
There are even those who say that It would be better to wait and see if the investiture of Pedro Sánchez to see what happens with the General Council of the Judiciary and an eventual unblocking.
The association regrets that the Constitutional Court has decided to freeze this matter because “every minute that passes they are violating fundamental rights.”
“We hope that a decision will be adopted soon that restores the rights of the candidates and we will take the appropriate measures to ensure that this is the case,” Jorge Fernandez Vaquero, spokesperson for the Francisco de Vitoria Judicial Association, warns EFE.
All of this occurs when a few days ago the president of the European Court of Human Rights, Siofra O’Leary, attacked the “political blockages” that cause In Spain there are 83 pending appointments in the judicial leadership, 23 of them in the Supreme Court, and suggested a possible intervention of the “national and European” courts.
Some words that the TC sees as “a warning” to Spain in the sense that “the CGPJ must be renewed as soon as possible complying with the current law, because the lack of renewal violates the fundamental rights of the judges who are participating in the renewal process, and who have been waiting for five years.