The Group of States against Corruption (GRECO), under the Council of Europe, has issued a report on Spain on Thursday in which it regards that the system of choice of the General Council of the Judiciary continues without reforming.
The report reviews the Government’s allegations in defense of the current system, in which the 20 vowels are elected by the courts.
“The information provided by the authorities does not contribute anything new,” replies the Greco, recalling that the arguments are exposed since 2013 without the agency considering that they justify maintaining the current system.
“Today, the situation is exactly the same, and the concerns expressed by Greco in this regard continue as pressing, if not more, than before,” says the organism, whose conclusion is clear: “The Greco concludes that the recommendation has not been
compliment”.
The Government had highlighted the “legitimacy” that gives the election the requirement of a broad political agreement (majority of 3/5 of the courts) and that the vowels of judicial origin -12 of the 20- are preselected by the judges, although
In the end, the Parliament chooses.
The Agency insists that for the selection of the Council’s judicial members, the Council of Europe “advises that they are elected by their peers (following methods that guarantee the broader representation of the judiciary at all levels) and that the political authorities
, like the Parliament or the Executive Branch, do not participate at any stage of the selection process. ”
According to El Greco, thereby seeking to guarantee the independence of the judiciary and the perception of that independence in society, something that, recalls, in Spain has gone worse.
“The Greco can only regret the lack of a tangible positive progress in this area. The GRECO urges the authorities to apply without delay the recommendation,” he says.
Adding that “it is extremely important that you consult the judiciary and have a voice in key decisions regarding its operation and priorities,” a mention that is aimed at the decision not to consult the CGPJ for the recent reform that prevents it from doing
Appointments being in functions.
Precisely the task of designating key positions is one of the elements that in the opinion of the GRECO requires a change in the system of choice: “Given the broad margin of discretion with which the CGPJ counts for the appointment of the superior positions of the judiciary, the
Question of its composition seems of paramount importance. This is another reason that demonstrates the critical importance of properly implementing the recommendation. ”
Other GRECO recommendations have been fulfilled in recent years in a total or partial way.
The Ministry of Justice has been congratulated this Thursday because in this last report four of the 11 recommendations made to Spain in 2013, which are added to two others already fulfilled in 2019.
One of the areas only partially fulfilled is that of the Prosecutor’s Office.
Among other aspects, El Greco emphasizes that there has not been “no change in the selection method or in the duration of the mandate of the Attorney General”, chosen by the Government.
It is “an ancient concern that empowers the perception of the autonomy of the Fiscal Ministry in Spain”.
