Vicente Guilarte, interim president of the General Council of the Judiciary (CGPJ), has sent a proposal for the modification of the system for appointing the top judicial positions and selecting the members of the judiciary’s governing body to the presidencies of the Congress and the Senate. The aim is to unblock the renewal of the CGPJ, which has been overdue for more than five years, and overcome the paralysis in the negotiation between the two major parties, PP and PSOE, whose consensus is necessary for this renewal. Guilarte has also called on the President of the Government, Pedro Sánchez, to clarify his plans for the CGPJ and ensure that there will be no government influence in the selection of high judicial positions.
Guilarte welcomes Sánchez to the group that believes that the problem lies in the selection process of the top judges and advocates for a greater emphasis on merit and capacity. However, he emphasizes that these appointments must remain within the jurisdiction of the CGPJ. He rejects the idea of returning to a system where appointments were made by the Ministry of Justice and urges Sánchez to be clear in his intentions. The CGPJ, responsible for governing all the judges in Spain and appointing high judicial positions, has not changed its composition in five years, resulting in a majority of conservative members. The proposal sent by Guilarte to the parliament aims to change both the appointment process and the selection of CGPJ members.
The proposal includes a mixed formula for appointments, ensuring that the CGPJ retains the formal authority to select high judicial positions while limiting discretion by prioritizing merit and capacity. Guilarte suggests involving expert committees in the appointment process to increase judicial independence. Additionally, he proposes changes in the selection process for the CGPJ members, advocating for a system that moves away from the current political polarization. He suggests a temporary solution through a lottery system to overcome the current deadlock in the renewal of the CGPJ.
Guilarte suggests a temporary solution through a lottery system to overcome the current deadlock in the renewal of the CGPJ, allowing for a new Council to be established until a new model is agreed upon. He offers two options for future renewal, proposing that the judges themselves directly select the judicial members of the CGPJ or maintain the current system with a focus on ensuring the independence of the appointed judicial members. He also suggests introducing criteria for ineligibility for jurist members, such as having held political positions in the past.
The proposed changes aim to depoliticize the selection process of the judiciary and ensure a fair and transparent system for appointing high judicial positions. By seeking consensus between political parties and prioritizing merit and capacity in appointments, Guilarte hopes to overcome the obstacle barriers in the renewal of the CGPJ and achieve a more independent and effective judiciary in Spain.
