Two of the three most representative judicial associations, the majority Association of Magistrates (APM), which is conservative, and the progressive Judges for Democracy (JJPD), have called for the “immediate” renewal of the General Council of the Judiciary (CGPJ), whose mandate expired five years ago. Both associations issued statements coinciding with the final phase of the negotiations between the PSOE and the PP with the mediation of European Commissioner for Justice, Didier Reynders, to renew the governing body of the judges. The discussions began in January and cannot be prolonged beyond the month of April because Reynders is leaving his position. The text released by the majority association insists on the route set by the European Commission: first renew the CGPJ and then reform the system for electing judicial members. “Constitutional mandates must be fulfilled by all.” The current situation is affecting the ordinary functioning of the CGPJ, but most importantly, it is affecting the perception that citizens have of the independent function that judges and magistrates carry out in this country every day. The constant criticism and political struggles lead citizens to believe, unfairly and erroneously, that judges in this country are not independent, according to the association.
The progressive association emphasizes that the current situation “harms society, legal professionals, and the judicial organization, as multiple vacancies cannot be filled. It is time to renew and return to normalcy.” “The endless and changing excuses that are offered cannot be accepted.” They add, “It is unacceptable to mistreat institutions of this significance.” Both associations highlight the focus on the Congress and Senate, as it is up to these chambers to renew the General Council of the Judiciary. Both Chambers initiated the process in 2018, before the mandate of the current CGPJ expired, but the PP has been making changing excuses and the necessary agreement between the Popular Party and the Socialists is still not reached five years later. The APM urges Congress and the Senate to “reach the necessary agreements and proceed with the immediate renewal of the CGPJ, while JJPD recalls that it has asked the presidencies of both chambers to convene “immediate plenary sessions to overcome the democratic anomaly of the General Council of the Judiciary continuing in office for so long.”
Although both associations agree on the need to immediately reform the CGPJ, their positions differ regarding the steps that should be taken once the organization is unblocked. APM advocates for a reform of the law, as requested by the PP, so that the 12 judicial members of the CGPJ are elected by judges. “It is our first demand and it is also non-negotiable,” the association points out. JJPD opposes this formula: “It cannot be accepted in a rule of law that the modification of a law is made a condition for compliance, especially when it arises from a constitutional mandate.” The issue of the renewal of the CGPJ remains a significant topic of discussion and debate within the judicial community in Spain, with both conservative and progressive factions seeking to influence the outcome of the negotiations and push for their preferred reforms to be enacted. The ongoing deadlock and delays in the renewal process have caused concern among legal professionals and the public regarding the independence and effectiveness of the judiciary in Spain.
In conclusion, the calls for the immediate renewal of the CGPJ reflect the urgent need to address the current institutional crisis and restore public trust in the judiciary. The different positions held by the APM and JJPD highlight the complex nature of the challenges facing the judicial system in Spain, as well as the divergent perspectives on how best to address these issues. It is essential for the Congress and Senate to prioritize the renewal of the CGPJ and take decisive action to ensure the independence and effectiveness of the judiciary. The involvement of the European Commission and the pressure from judicial associations underscore the importance of resolving this long-standing issue and strengthening the rule of law in Spain. By addressing the underlying issues and implementing necessary reforms, Spain can work towards a more transparent and accountable judiciary that serves the interests of justice and the public.
