The multiple ways through which the blockade of the judiciary has reached European institutions has been extended recently.
Half a dozen judges have led the Court of Strasbourg the delay in the renewal of the General Council of the Judiciary (CGPJ).
It is about the six candidates that in 2018, when the renewal of the vowels still seemed feasible, were proposed for the position by the Francisco de Vitoria Judicial Association.
In its lawsuits to the European Court, magistrates argue that institutional blockage violates its right to access public office.
“Public charge access according to the requirements indicated in the laws,” claims the demands, “it is configured as a fundamental right that requires a special protection.”
Recognizing that right as one of the deserving protection by the European Court of Human Rights (TEDH) is not legally simple, as evidenced from the reasoning that chained the demands to reach the conclusion that it is so.
It does not appear literally in the agreement, but it has been recognized in some sentences with an area that has been expanding and that the plaintiffs want something else.
“We have the Congress and the Senate totally subject to the interests of the two main political parties, that’s why they have not done anything in three years,” said the spokesperson for the Association, Jorge Fernández Vaquero, who explained that they want to put
End to the “partisan distribution of the CGPJ that has been producing”.
To tilt the European Court towards admission, they highlight the relevance that the matter has beyond the individual right of the plaintiffs.
“And in this case the right of access by judges to be elected as vowels for the judicial shift in the formation of the new General Council of the Judicial Power displays an important and special aspect regarding the independence of public authorities and in the functioning of the
State. Therefore, it is considered appropriate that this violation is assessed by the TEDH and the target scope of this right can be extended to extend it to access to any public office “.
They add that, “in the present case, it must be taken into account that the pronouncement that is discussed will also have an important protection effect on the Division of Powers in Spain that is currently affected by political interests that corrupt the institution.”
The “conclusion” of the demands is that the paralysis of the process of choosing the candidates and the renewal of the CGPJ for “the inaction of the general courts in Spain” and “for reasons and merely political interests” generates “a violation” of the
Right of the candidates “To participate in public life”, violation “that requires intervention and judicial guardianship in order to replace the integrity of law.”
The demands ask that the sentence of Strasbourg will serve to replace that violated right “and for the renewal of the institutional body.”
Between those for more than two years candidates and now claimants is Magistrate María Tardón, former spokesman for the Judicial Association and that, before the agreement was broken, it was included in the list of 20 new vowels.
She was then president of a section of the Audiencia de Madrid and now occupies one of the instructional courts of the national audience.
The other magistrates-candidates-plaintiffs are José Antonio Benito, Rafael Estrez Benito, Mónica García de Yzaguirre, Manuel Jaén Vallejo and Juan Luis Lorenzo Bragado.
The magistrates have already led the matter to the Constitutional Court, alleging the violation of the right to access to a public office.
The High Court did not enter the bottom of the matter because it unnoticed the resource of protection by estimating that it had been brought out of term, another obstacle for Strasbourg to study the case.
In its demand for the European Court, the magistrates believe that this decision violated its right to effective judicial tutelage.
The Court of Strasbourg, although independent in its decisions, depends on the Council of Europe, an agency that in reiterated occasions has asked Spain to kill the CGPJ from political contamination that its vowels may all be elected by the General Courts.
