Enrique Santiago urges a reform that forces the expired CGPJ to cease: "At this rate they will be longer than Franco"

He reproaches that conservative members question the legality of the lawfare investigation commissions approved in Congress

MADRID, 17 Dic. (EUROPA PRESS) -

The parliamentary spokesperson for IU and person in charge of Sumar in matters of Justice, Enrique Santiago, has assured that the current General Council of the Judiciary (CGPJ) "does not have ethical or legal authority" to exercise its functions and urgently, if the PP maintains its blocking its renewal, to explore a reform that causes the automatic dismissal of members with expired mandates.

A measure of "common sense" in the face of the attitude of these magistrates, who with their refusal to resign seem to practically aspire to have a "life" position and that, at this rate, they are going to "have them longer than Franco." "They are practically on their third term," Sumar's spokesperson reproached the Justice Commission after highlighting that the CGPJ has not been renewed for more than five years.

For this reason, he has stated in statements to Europa Press that if this situation of paralysis persists, a regulatory change will be studied that limits the functions of the institution to those that are strictly constitutional: appointments of high judicial authorities, disciplinary regime, judicial career promotions. and inspection work. All of them, furthermore, reduced to the maximum if his mandate expires.

Likewise, Santiago has demanded that powers not reflected in the constitutional text, such as training, economic or remuneration regime or institutional representation, be transferred to other organizations such as the Ministry of Justice, as is done in the French or Italian model.

What's more, the head of Sumar's Justice area in Congress has defended that it makes no sense for these matters to fall on members of the CGPJ who have no responsibility to leave their position and prevent the remodeling of a crucial institution.

He has also expressed that "it is not surprising" that the members are questioning the "legality" of the investigative commissions of Congress to detect alleged 'lawfare', forcing this matter to be addressed in the plenary session of the governing body of the judges. next Thursday. Especially when these commissions are regulated by article 76 of the Magna Carta, which also establishes the mandatory nature of appearing.

Likewise, Santiago has stated that he wants to think that these members of the CGPJ understand that "in this country there is no one above the law" and they submit to it like the rest of Spaniards, whom they reproach for confusing legal terms in an interested way with with a view to trying to "ignore" possible summonses, which have not occurred, and to confuse public opinion in an "interested way."

Especially, Santiago continued, when you can "appear and not have the obligation to testify" on certain matters, as is included in many cases of current legislation. Of course, he has ruled that there is no organic law of the Judiciary that prevents the calling of a judge or any official summoned by Congress.

"It is completely absurd on the part of some members who are outside the legal system, who have not collaborated to fulfill the constitutional mandate or contribute to the unblocking exercised by the PP," said the Sumar Justice spokesperson. On the contrary, he has called these CGPJ magistrates necessary collaborators in the "kidnapping" of the popular government body of judges by not resigning despite their expired mandate.

They have also recalled that these magistrates should "be careful" in the face of their drift because they have already filed a complaint from Sumar for alleged prevarication due to their institutional statement against the amnesty. In this way, he has demanded that the conservative members of the CGPJ limit themselves in their work and "not dedicate themselves" to politics.

Regarding the statement by the interim president of the Supreme Court (TS), Francisco Marín Castán, rejecting Junts' attacks against several judges, Santiago has called for a more clear distinction between "criticism and attacks."

"Criticism is normal in democracy (...) Judicial independence is not altered by criticism, even if it may be serious," argued the IU leader, while recalling that any magistrate can take action, like any citizen, if he considers his honorability impaired.

Of course, Sumar's spokesperson in Justice has claimed both the TS and the CGPJ that they should clarify why there is a "double standard" when it comes to protecting judges, when mentioning the "express attack" that Judge José received Ricardo de Prada, none other than Jorge Fernández Díaz, was Minister of the Interior with the PP and then the government body rejected him.

"They would have to explain to us in the CGPJ why they are so eager to give protection to judges who are criticized by certain political forces and give a patent of marque and impunity when the PP and its entourage do so," Santiago insisted to also express his incomprehension towards the failure to open files against the senior judge of Seville for calling a demonstration of judges against the Government.