• Decision.The CGPJ reactivates the discretionary appointments with three places in the Chamber that judges the graduates

The General Council of the Judiciary (CGPJ) announced on Thursday the short lists with the candidates to occupy the three vacant places in the Criminal Chamber of the Supreme Court. To the absolute surprise of the members themselves, the favorite magistrate to enter the Chamber that investigates the most relevant graduates of this country, the one who sounded the strongest to occupy one of the seats, Judge José de la Mata, was not selected. by the members of the Permanent Commission.

In total, fourteen robes were chosen to apply for the positions that became vacant with the retirement of magistrates Francisco Monterde, Luciano Varela and Alberto Jorge Barreiro . Among them, the president of the National Court, José Ramón Navarro, the president of the Criminal Chamber of this body, Concepción Espejel , the president of the Superior Court of Justice of Andalusia (TSJA), Lorenzo del Río or the TSJ of Catalonia , Jesús María Barrientos .

Sources of the governing body of the judges consulted by EL MUNDO explain that, in an "incomprehensible way", the name of De la Mata was not included by any member in his short lists despite the fact that he is a magistrate with a progressive profile - two of the three positions that have become vacant were occupied by judges of that sensitivity-, with an unquestionable legal qualification and, in addition, he is a person close to both the Minister of Justice, Juan Carlos Campo , and the president of the Criminal Chamber, Manuel Marchena, with whom he maintains a close personal relationship.

In fact, the current head of the Central Court of Instruction Number 5 of the National Court was director general of the Ministry of Justice under a socialist mandate, with Francisco Caamano as minister and Juan Carlos Campo himself as secretary of state.

Different sources of the governing body of the judges explain that the drafts of papers presented yesterday in the Permanent Commission by the progressive members Pilar Sepúlveda, Álvaro Cuesta and Rafael Mozo , failed to obtain sufficient support so that these last two members, progressive in nature , they chose to renounce them. It was Sepúlveda, along with the members of the conservative group José Antonio Ballesteros and Juan Manuel Fernández, who assumed the presentations where fourteen names have been unified. That selection had six votes in favor while Cuesta and Mozo voted blank.

"Settle discussions"

Sources of the CGPJ maintain that the deliberation of the proposals presented at first by the progressive bloc was "a bit confusing", so it was decided "to settle the discussions", to recover the drafts of the lists that President Carlos Lesmes entrusted the vocals last January. However, other sources add that, to those initial drafts, the incorporation of new candidates has been added this Thursday, among which was not De la Mata, instructor of the Pujol case, 3 percent of the CDC or the papers of Bárcenas.

The Regulations of the Council foresee that from the informal conversations with members additional candidates can be proposed in the Plenary, although many members assume that not having been included in the shortlist clearly harms the judge of the National Court.

The Plenum of the governing body of the judges is expected to address the aforementioned appointments this July after months of paralysis in the appointment of discretionary positions. The CGPJ has been with the mandate extended since the end of 2018.

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  • Juan Carlos Campo
  • National audience
  • Catalonia
  • General Council of the Judiciary
  • Manuel Marchena
  • Justice

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