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  • Courts. The judge of the 'case Dina' denounces the CGPJ that he feels "pointed out" publicly by Pablo Iglesias

The European Association of Judges, the majority on the European continent, issued a statement this Tuesday expressing "its great concern" that Spain is taking "a step backwards in the fundamental objectives for the independence of the judiciary."

In the note, to which EL MUNDO has had access, the European judges emphasize that the Government of Pedro Sánchez "instead of taking advantage of this legislative opportunity to reform the system for appointing the judges of the General Council of the Judiciary, reinforcing the guarantees of independence of the judges and magistrates, as a fundamental pillar of the rule of law, returning to the previous system where the judges who are members of the General Council of the Judiciary were elected by their peers, (...) the risk of undue political influence in the appointment of the members of the Council and in the judicial system as a whole, damaging the perception of society on an effective judicial independence ".

In this sense, the association of which 44 countries are members echoes the recommendation of the European Commission that stated that "in the member states in which a Council of the Judiciary has been established, their independence is especially important to avoid undue influences of the Government or Parliament on the independence of the judges. (...) For the same reason, well-established European standards, in particular the 2010 Recommendation of the Committee of Ministers of the Council of Europe, establishes that no less than half of the members of the councils of the judiciary must be judges selected by their counterparts from all levels of the judicial system and with respect for the internal pluralism of the judicial system. "

It also alludes to one of the conclusions of the report of the Group of States against Corruption (GRECO) on Spain carried out in December 2017, where it was mentioned that "one of the key modifications on this point is that the twelve members of the Council of judicial origin be elected directly by their peers. "

On the other hand, they emphasize that the approved Universal Statute of the judge states in its article 2.3 that "the Council of the Judiciary must be completely independent from the other powers of the State. It must be composed of a majority of judges elected by their colleagues, in accordance with procedures that ensure their greater representation ".

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  • General Council of the Judiciary

  • European Comission

  • Justice

  • Pedro Sanchez

  • Pablo Iglesias

  • PSOE

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