The Limited Times

Now you can see non-English news...

The Judiciary will analyze in an extraordinary plenary session the legal reform of the Government to unblock the body without the PP

2020-10-19T18:48:56.025Z


Lesmes has called the session for Wednesday 28 at the request of seven membersThe second vice president of the Government, Pablo Iglesias, together with the president of the Supreme Court, Carlos Lesmes, on October 12 in Madrid.Juan Carlos Hidalgo / EFE The General Council of the Judiciary (CGPJ) will hold a plenary session on October 28 without any practical effect but with the aim of generating great political noise. The 20 members and the president, whose mandate expire


The second vice president of the Government, Pablo Iglesias, together with the president of the Supreme Court, Carlos Lesmes, on October 12 in Madrid.Juan Carlos Hidalgo / EFE

The General Council of the Judiciary (CGPJ) will hold a plenary session on October 28 without any practical effect but with the aim of generating great political noise.

The 20 members and the president, whose mandate expired in December 2018, will meet that day to examine the legal reform proposed by the PSOE and United We Can to bypass the PP in the renewal of the governing body of the judges.

The president of the Council, Carlos Lesmes, has called the session at the request of seven members of the conservative sector, who last week requested the plenary session in writing under article 600.2 of the Organic Law of the Judiciary.

According to said article, "an extraordinary session must be held if the president considers it appropriate or if five members request it," so Lesmes could not reject the request.

The reform of the Organic Law of the Judiciary (LOPJ) has raised criticism from a large part of the judicial career, with three of the four professional associations at the helm.

The main reproach that the judges make to the text agreed by the two parties that make up the Government is that it reduces the majority necessary to renew the 12 members of the Council, which until now required three-fifths of the votes of the Congress and the Senate and the legal proposal leaves an absolute majority.

This, according to the associations, increases the “politicization” of the governing body of the judges.

According to the information provided by the Council itself, Lesmes has chosen to schedule the meeting for Wednesday 28, one day before the celebration of the next ordinary plenary session, “taking into account the difficulties that the current state of alarm in Madrid entails for any displacement".

The letter that has forced the celebration of the plenary session was signed by the members José Antonio Ballestero, Carmen Llombart, Nuria Díaz Abad, Gerardo Martínez Tristán, Juan Manuel Fernández., Juan Martínez Moya and María Ángeles Carmona.

The seven were elected members in 2013 at the proposal of the PP.

In the text of the proposal, the members expressly requested that the president "urgently convene an extraordinary plenary session to examine the reform of said organic law" proposed by the socialist parliamentary group and the United We Can-En Comú Podem-Galicia parliamentary group in Comú and accompanying his petition was the text of the organic law proposal presented on October 13, 2020 in Congress, as well as a draft declaration of the plenary session on said reform.

The qualified majority to elect the 12 members of the judicial quota was established in the LOPJ in 1985 and, a year later, the Constitutional Court considered that this formula was a precaution that reduced the risk of politicization of the Council derived from the fact that they were the Chambers and not the judges themselves who chose these members.

This provision of a qualified majority, which has not been modified since then, was transferred to the election of the discretionary positions designated by the governing body of the judges, such as the presidents of the higher courts of justice and the magistrates and presidents of the courtroom. Supreme.

But the PP carried out a reform alone in 2013 to reduce the votes needed for these appointments to a simple majority.

The CGPJ then issued an opinion on the legal reform in which it made a slight reproach to this modification and proposed that "certain discretionary appointments be adopted by qualified majority."

The Government of Mariano Rajoy did not respond to his request and that system was in force during the entire five-year term of Carlos Lesmes.

It was modified in December 2018, already under the Government of Pedro Sánchez and with the current Council in office.

Since then, appointments have once again required a three-fifths majority of the members.

The opposition to the reform proposed by the parties in the Government extended yesterday to several superior courts.

The government chambers of the courts of Madrid, Castilla y León and Extremadura approved statements yesterday in which they oppose the text agreed by the PSOE and United We Can.

The three bodies coincide in reproaching that the proposal will increase the politicization of justice and doubt its constitutionality.

Source: elparis

All news articles on 2020-10-19

You may like

News/Politics 2024-01-29T04:48:35.170Z

Trends 24h

News/Politics 2024-03-28T06:04:53.137Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.