Brussels calls on Sanchez for “real reform” so that “the majority of judges are elected by their peers”.

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In its third report, this July, the CGPJ insisted on freeing itself from politicization and targeting Delgado.

Nadia Calvik
Nadia Calvio congratulates the Vice President of the European Commission, Vera Jorova.EM

The European Commission wants a renewal of the CGPJ and wants it to last forever. I would like to see the results now, the Vice President said this Tuesday Vera Jourova, that from 2020 onwards the Spanish Executive has been stressed to comply with European standards, the recommendations of Council of Europe And this Venice Commission and practice that Brussels Strongly recommends: Let judges choose the majority of their peers for controlling bodies. As they reiterate in Community Capital: The renovation must be accomplished with a compromise between the political forces. Real reforms are needed so that most judges are elected by their peers.

In April last year, after a very tense tug-of-war and getting ready to go to the commission Luxembourg Court, The then Minister of Justice, Juan Carlos Campo, turned and promised that PSOE and United v could not carry out the reform that triggered the alarm in Brussels, but since then the impasse has continued, so community institutions keep up the pressure, insistence and this point. But insist that they will neither forget nor lose.

For nearly two years, the reform of the General Council of the Judiciary has been one of the few issues in which moncloa And Brussels is so outspoken, and so large, that institutions use all the means they have to pressure an executive with whom they maintain great relations. Not only the normal mechanisms of contact and pressure, but leaks and more or less hidden dangers.

Pedro Sánchez was a reformer to make Thursday’s election more political and the commission’s response was more than less. The protest was immediate, with complaints, of great concern, but, in the face of reluctance, the institution raised its tone, reports multiplied and began in open reprimand to ministers while the president was in town and ended with threats to begin disgusting comparison with Hungara You Poland And finally twenty. until Moncloa withdrew. Jorova congratulated herself on that win again this Tuesday.

This Tuesday, the Vice President, responsible for the values ​​and rule of law (and for justice in the previous legislature), traveled to Spain to meet those responsible for the government and judiciary within the framework of the examination that each of the Brussels courses member states. Applies to check on democratic health. The report was an idea Ursula von der Leyen’s team rolled out their sleeves to get the colors right. budapesto You Warsawbut hidden. They wanted to list the violations of the two most problematic partners, but to reduce ridicule they decided to analyze the problems of the 27 members. And he found that it was a good way to address recurring shortcomings, like the Spanish. They are not just asking the government to decide on the composition of the CGPJ, we are making the same request to the opposition: to go back to the table and decide on the names, the Justice Commissioner then explained, Didier Reyendersfor this magazine.

politicizing justice

His report, the third, will be published in July, but much of its content is no surprise as he has spent three consecutive years trying to free justice from politicization, completing the renewal of the CGPJ, and addressing the crisis of confidence created by the decisions. Emphasis on removing Such as allowing the government to elect the Attorney General of the State, being able to appoint even a former minister. The general lines would be to maintain that Spain is a state of law, that there are no major systemic concerns, that we are in line with the rest of the European partners and that we should improve on specific aspects, for which we now have community funding. But complaints will be clear, specific and known.

Jurova, who has met with the unions of ministers, judges and prosecutors or the ombudsman, does not want any further delay. During the pandemic, meetings used to take place by videoconferencing, but now they are again done in person. Some practice is required to understand the commissioning process. There are times when the words of the spokesman or marshal are just flat interpretations and there are times when they hide the torpedo. There are times, 2021, when a comment that seems innocent was a clear threat, and others when a phrase, even if it sounds offensive, is a mere response.

In his journey, Jorova has not made threats, but has created pressure. He does not understand that the government and the opposition are unable to agree. He wants a reform along the lines mentioned, giving judges more power to choose their bodies, but for now he will settle for renewal, because he understands that the national political moment is always complicated. The Vice President reiterated what he had said in the past, in response to very specific questions at breakfast: if Spain changed the system for electing members, to move to a time where the political majority elects a majority of members. which may be subject to an infringement procedure. But he did not say, and his team mobilized all their resources yesterday to avoid confusion, that if Spain did not change the current system, the breach process would be opened. They insist, they insist, they encourage, and they encourage, but if they delay, there will most likely be negative reports and complaints. Pressure, not punishment.

The danger, the reform that was envisaged, seems to have been averted. Brussels then warned Spain not to follow this negative path. Moncloa didn’t return to shuffle anything contrary to standards, but was lazy. And that’s why the next report will have a reminder and another campaign of bad press.

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