Its executive body warns that it would be a "flagrant attack on the separation of powers"
MADRID, 9 Nov. (EUROPA PRESS) -
The Permanent Commission of the General Council of the Judiciary (CGPJ) met this Thursday in an extraordinary session to approve a declaration on the agreement reached by PSOE and Junts to invest Pedro Sánchez as president of the Government in which it expresses its "frontal opposition" to the creation of parliamentary commissions to detect cases of alleged 'lawfare' and anticipates that it will act through "legally established channels."
The executive body of the CGPJ has described as "inadmissible", "both semantically and substantively", the references "to 'lawfare' - judicialization of politics - contained in the agreement signed between the PSOE and Junts with the purpose of facilitating the investment".
"Faced with the announcement of the eventual constitution of parliamentary investigation commissions that could determine what are ambiguously called 'responsibilities' derived, precisely, from noticing situations of 'lawfare', we echo and share the frontal rejection of such initiatives, in line with what has already been stated by all judicial associations," he indicated.
The Permanent Commission states that "such repudiation is based, in a very justified manner, on the evidence that this potentially implies subjecting to parliamentary review decisions framed in the exclusivity of the scope of jurisdiction of our courts", decisions that it defends that "were produced in a fully in accordance with the legality then judged".
For all these reasons, he considers that "the proposed initiative would imply an inadmissible interference in judicial independence and a flagrant attack on the separation of powers."
"The continuity of such a parliamentary initiative, if it materializes, would determine our most frontal opposition through the legally established channels," he warns.
At the same time, the Permanent Commission wanted to express its "real and not merely nominal support to all the bodies of the Judiciary on the occasion of future actions that may be carried out within the framework of legality at all times, the current ultimate guarantee of the rights and freedoms of all our citizens.
The declaration has been approved with five votes in favor - those of the interim president of the CGPJ, Vicente Guilarte, the conservative members Ángeles Carmona and Carmen Llombart and the progressive members Roser Bach and Mar Cabrejas - and with the vote against the member progressive Pilar Sepúlveda. The text has been sent to the ten remaining members "so that, if they wish, they can express their support."
It is worth remembering that the CGPJ already made its first official statement on the amnesty last Monday, warning that, if a law in that regard is finally approved, it would mean the "abolition" of the rule of law.
Guilarte, although he voted blank when approving this institutional declaration, considering it "premature" because there was still no text on the amnesty, he did emphasize that it is "an unavoidable mission of the CGPJ to defend the actions of the jurisdictional bodies." .