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The EU Justice Commissioner,

Didier Reynders

, has asked the Minister of Justice, Juan Carlos Campo, for explanations about the Government's intentions to reform the election system of the General Council of the Judiciary (

CGPJ

).

Reynders and Campo held a videoconference meeting on Monday with the main objective of discussing the launch of the European Prosecutor's Office.

But the commissioner also wanted to address the possibility that Spain would revise the degree of political agreement necessary to elect part of the members of the Council.

According to EU officials, the Belgian politician addressed the recent European Commission report on the rule of law in the EU, "including the draft legislation on the General Council of the Judiciary."

European sources explain that Campo gave "additional explanations on the objective of the reform", and the minister affirmed that the eventual changes "would be in line with the recommendations of the Venice Commission."

Europe does not want a politicized body

In reality, what that body of the Council of Europe has been asking for for years is to go in the opposite direction to the reform proposal that the PSOE and Podemos raised in Congress.

What it demands is to withdraw the participation of political power in the election of the governing body of judges.

If possible, completely.

According to sources from the Ministry of Justice, Campo told the Belgian politician that he was optimistic about the possibility of reaching an agreement shortly for the renewal of the CGPJ, which has been in office for almost two years.

That optimism was also shown by Campo this Tuesday in the press conference after the Council of Ministers, in which he was "hopeful."

The agreement would deactivate the reform proposal, which according to its defenders seeks to circumvent the blockade of the PP to the renewal.

Currently, the project is on hold, but if despite optimism there is no agreement, the forecast is to reactivate it.

Election by qualified majority

The plan of the PSOE and Podemos was that the renewal of the 12 members -of a total of 20- of judicial origin be done by an absolute majority.

So far it is by a qualified majority of three fifths, which means that the PP and the PSOE must reach an agreement.

"The Venice Commission has repeatedly recommended that the members of a council of the judiciary elected by a parliament should be elected by a qualified majority," said that advisory body, highlighting that a reinforced majority "favors agreement and the election of candidates. more neutral ".

Along the same lines, other European organizations have for years insisted on the depoliticization of the government of judges.

In the section referring to Spain of the report on the state of law that the commissioner and the minister addressed, "the importance of ensuring that the CGPJ is not perceived as an institution exposed to political influence" is highlighted.

The report

The report was presented two weeks before the PSOE and Podemos announced their plans, so these are not directly addressed.

But it does pronounce on an almost identical situation in Poland.

And it does so to affirm this: "The new rules on the appointment of judges / members of the National Council of the Judiciary significantly increase the influence of Parliament over the Council and negatively affect its independence in contradiction with European standards."

According to the criteria of The Trust Project

Know more

  • PSOE

  • We can

  • Juan Carlos Campo

  • PP

  • General Council of the Judiciary

  • European Comission

SpainThe PP once again stops the renewal of the CGPJ due to the Government's pact with Bildu

The liar of the Salesas The Government believes that the PP "has no excuse" to continue blocking the CGPJ

Basque Country Garbiñe Biurrun and Iñaki Subijana do not support the rejection of the Basque judges to Sánchez's reform

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