• Opinion: Independence of the Judiciary
  • Courts.Two judicial associations resort to the Supreme the 22 appointments of the Council since it is in office

In the Plenary held yesterday at the General Council of the Judiciary (CGPJ), the debate was opened on one of the issues that currently raise the most concern in the Judicial Career: should the governing body of the judges address draft appointments while in functions indefinitely?

Three members of the Council asked President Carlos Lesmes in this meeting to “stop” his appointment policy because, with the current scenario of political uncertainty and electoral repetition, there are no signs that there will be a short-term renewal of the aforementioned organ.

The mandate of the current CGPJ expired on December 4 and after the failed renewal of the organ - due to the whatsapp forwarded by former Senator Ignacio Cosidó - the talks between the Popular Party and PSOE are frozen due to the continued appointment with the polls.

According to legal sources to EL MUNDO, in the Plenary session members Roser Bach and Enrique Lucas stated that, given the political situation, the Council should reduce the pace of discretionary appointments and only adopt those that are "essential".

These members understand that, although the governing body of the judges is entitled to adopt them, given the growing discomfort in the magistracy with the appointment policy developed by this CGPJ, it would be prudent that only those calls for positions be held. Be indispensable. For its part, the vocal Concepción Sáez believes that a functioning Council should directly avoid making sensitive appointments in the dome of the Judiciary.

Lesmes' response, which was supported by a majority sector of members, was that the Council is entitled to continue making magistrate appointments. Other directors pointed out that only in the event that there was an imminent renewal of the body should appointments made by the Plenary be reduced. In fact, yesterday the calls for places from here to January 1 were approved.

Meanwhile, Bach, Lucas and Sáez announced the drafting of a particular vote that reflects their position on the CGPJ appointment policy.

For its part, the Plenary elected as new magistrates of the Supreme Court to Juan Molins and Ricardo Bodas - by 13 and 14 votes, respectively - for the Social Chamber while the property registrar Juan María Díaz Fraile was appointed magistrate of the Civil Chamber by a large majority of 18 votes.

Díaz Fraile will occupy the position of Professor Francisco Javier Orduña who last May decided to voluntarily leave the High Court.

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