Thursday, October 28

Judicial ethnic cleansing

“The PP has the support of most of the judicial career”

Enrique Lopez

The peak of the cynicism of the Popular Party was staged this Tuesday in Congress when it raised a proposal to reform the Organic Law of the Judiciary to “depoliticize” Justice and hand over control of the Judicial Power to the judges. Everything has been in the headlines and in the usual manipulation. I doubt that the majority of the judges are aware that the proposal that PP, Vox and Ciudadanos voted on Tuesday, which consecrates is a great judicial ethnic cleansing in which only those who submissively bend to the great single party will be able to aspire to make a career. (APM, the majority association) and perhaps the second (FdV). All the others are totally excluded. Half of the judicial career has nothing to say and nothing to aspire to with this system. It is good that they know it, because it is no longer just that citizens cannot accept that the judges become an autonomous and uncontrolled power, but that they themselves cannot accept that this whole game of “independence and depoliticization” does not it is but the implementation of a great judicial bar to the greater and only glory of two conservative associations. That is exactly what the proposal enshrines.

In the first place, because it establishes a system for the election of the 12 judicial members by the pure majority judges themselves, similar to that of the Government Chambers, which means that there is no proportionality and that those who achieve the highest percentage of vote take all the representatives. This ensures that only the majority and conservative APM has the majority of the members insured and that the conservative Francisco de Vitoria could take the rest. No other judicial association would get representation and they, of course, know it.

It is not just that the smaller associations were condemned to never have representation in the government of the judges, but the PP has ensured in its proposal that neither most of the judicial career, which is not affiliated with any , they can eat a piece of toast. For those candidates who want to present themselves as independent, 100 endorsements are required from their fellow judges and each judge can only endorse one candidate. Now 25 are accurate and each judge can endorse several colleagues. Experience shows that only members who have presented themselves as independent but were very close to the APM itself have achieved such a high number of endorsements, as happened with Llarena’s wife.

With great care in their proposal, they remove the annoying independents – lest someone out of control appears – and they make sure that they will not be able to enter the CGPJ as part of the 8 members that the Chambers continue to appoint. They prohibit that no judge, whatever his career situation, or on leave of absence, can enter as a member proposed by Parliament. Small associations and unassociated judges, game over. Progressive judges, game over. They could not enter either through JpD or as independents in the turn of judicial vote or the turn of jurists of the chambers.

In this way, the Machiavellian project has been laid down – but that it may return with other majorities – that the 12 judicial members are members of at most two specific conservative associations. Those 12 members constitute 3/5 of the CGPJ and that is relevant because among the changes they submitted to a vote are that all the appointments of magistrates of the Supreme Court, presidents of the Chamber, of the AN, of the Supreme Court, of the Hearings, the magistrate control of the CNI, the vice president of the Supreme … everything has to be approved with tach├ín! Exactly! 3/5 qualified majority. That is, 12 votes.

Excluding all the others, the PP proposes that the majority association (or the two majority) be given all power. The appointments, in addition, would be voted after the report of a Qualification Commission, which they introduce in the LOPJ, in which 3 of the 5 members would be part of that judicial majority and the reports would be requested from the Governing Chambers of the governing bodies. origin, including an annual report of the candidates, who are also chosen by that majority system that gives all the positions to the APM.

The project also eliminates the so-called “regional magistrate” from the Civil-Criminal Chambers of the TSJ and replaces him with a jurist from the autonomous community chosen by free appointment of the CGPJ itself. This means that, of a typical court of a Supreme Court, with two magistrates and the president, the majority would be appointed at the discretion of the Council. Indeed, the participation of the regional parliaments is ended, but it is ensured that the control of the room is of judges as appointment is a finger of their companions. What’s more, they could name a clamp.

It is not understood how non-attached judges, those who do not join associations because they believe that these are a marketing of positions and influences and political relations, consider that these changes are for their benefit when what they establish is a large judicial bar created to the greater glory of the majority conservative association that is the clear, total and absolute recipient of this reform and power. Given that the nature of the conservative assignment of judges is sociological and will not change in the short term, the PP is ensuring that the judges it likes are perpetuated indefinitely.

The power also extends. The vocal-judges would have the power to overturn the appointments of the State Attorney General by being able to report not only on the formal requirements but also on their suitability for the position. They also introduce the figure of the recusal of the attorney general that would be elucidated by the Board of Prosecutors of the Supreme Court, also mostly conservative (Association of Prosecutors) as has been seen with their pressure on Delgado and, of course, without the possibility of recourse.

Has anyone read this project even among the judges? How do you support a reform in which even the majority of the judicial career is excluded from any possibility of being part of that “independent and depoliticized” Council in which only those associated with a specific group and those who start from a young age are going to be there. to pull their frock coat? Do you really believe that the PP acts out of altruism?

From the point of view of the citizens, madness is also maximum. It is about handing over all power over the appointments of all the courts to 12 gentlemen – as you will see, the 8 jurists appointed by Parliament are knocked out – who will come out of an unprecedented electoral process: the judges and the associations will make the lists of candidates, they will vote them and they will promulgate to the elect. The problems will be solved by an Electoral Board formed by judges of the Supreme Court and the complaints and contentious of the candidates will be the judges of Room III of the Supreme Court. Not even those naive ones who believe that a judge is by definition an angelic and just being, without lust for power and without malice, can think that an election in which the dog himself licks his cock is democratic.

This is in summary and in essence what the Popular Party, Vox, Citizens and some small parties voted yesterday: 154 votes. Be careful because now it has been that no but it could be that yes and that is the panorama that is presented. I do not know if the EU Commissioner for Justice knows the mechanisms and interactions and the internal functioning and dynamics of Spanish judges, but I do know them, I already tell you that this is much less democratic than what has existed until now and, therefore, of course, definitely politicized. Those who have drawn up the project in the PP – close to the APM – know that they would achieve exactly what I explain to them and that is why they have launched this kind of charitable crusade in which the PP renounces having influence in the appointments.

This is the ultimate carom of cynicism. Served is and should also be the majority of the judicial career, which is not associated, the one that realized the nonsense that it supposes. Had anyone read the project?