The CGPJ unanimously approves the report in which it warns that it is "impossible" to apply parity in the TC

It also gives the green light to the report on the draft royal decree regulating the remuneration system for Lawyers of Justice

The General Council of the Judiciary (CGPJ) has unanimously approved this Thursday the report of the vocal Pilar Sepúlveda in which it is warned that it is "impossible" to apply the organic law of equal representation of men and women in decision-making bodies in institutions such as the Constitutional Court (TC) or the Fiscal Council, due to the way in which its members are elected.

As reported by the body, the Plenary has approved the report on the draft organic law that seeks to guarantee "balanced representation in constitutional bodies, a better gender balance among the administrators of listed companies, of public interest and in professional associations, as well as ensuring parity in the electoral lists", for which reason it introduces modifications in 11 legal texts.

In the report now endorsed, Sepúlveda indicated that the reform aims to "guarantee a balanced representation in constitutional bodies and those of constitutional relevance, although this is confirmed (...) as an impossible task due to the number of members that must be elected to the composition of the specific body, either by the way of selection regulated in the norm that intends to be reformed".

In the draft, to which Europa Press has had access, Sepúlveda warned that "it does not seem like a feasible mechanism" with regard to the TC, made up of 12 magistrates appointed by the King: four at the proposal of Congress, another four at the proposal of the Senate , two at the proposal of the Government and another two at the proposal of the CGPJ, also renewed by thirds.

The member pointed out that, "given the number of members that each of the designated bodies may propose, it would seem more appropriate to resort to a different percentage than the one proposed as a concept of principle of balanced presence relative to a minimum of 40% of each of the sexes, which, in practice, cannot be carried out". For this reason, he suggests that you focus on 50% of each of the sexes.

He also referred to the Fiscal Council, explaining that, as it is made up of ex officio members --the State Attorney General, the Deputy Prosecutor of the Supreme Court and the Inspector Prosecutor--, whose membership is given by reason of the position, and elective members, those who vote for the fiscal race, parity can only be claimed with respect to the latter.

However, it stated that "it is not understood how the pre-legislator intends to achieve in the composition of the elective members the presence of at least 40% of one of the two sexes", given that they are elected "by personal, equal, direct and secret.

"This means that regardless of the way the candidacy is composed, no balanced presence can be guaranteed, since each voter will be able to choose, if they consider it, members of various candidacies," he detailed.

However, it concluded that "the nature" of the vote and the electoral system that regulates the election of the elective members "make it impossible to demand that the composition of the Fiscal Council imperatively adjust to the principle of balanced presence."

He also analyzed the Council of State, where he observed the same problem with ex officio members, who "logically this principle of balanced presence does not affect at all", since their permanence in the advisory body "extends the duration of their mandate to the in front of the institutions for which they take office as directors".

CRITICAL SITUATION OF THE CGPJ

The report takes advantage of its study of the draft to recall that, with respect to the CGPJ itself, "the Courts are already required that the designation of the 20 members be carried out in accordance with the principle of equal presence between men and women" since the legal reform operated in 2018.

However, the fact that the CGPJ has not been renewed since then -its mandate expired on December 4 of that year- has caused that "to date it has not come into force". Thus, Sepúlveda stressed that, "in the event that the modification now projected enters into force, there will be the paradox that the current wording will never have taken effect." In this context, he said that "the pre-legislator should analyze the dysfunction that the coexistence of two projected texts with different content can cause."

Among other considerations, the report pointed out that the title given to the law can cause "confusion", since the term "parity representation" is included, in a clear allusion to total equality.

Sepúlveda warned that this term does not fit with the model of representation that is proposed throughout the bill --with the exception of the reform that affects the Organic Law of the General Electoral Regime--, which is not "equal" but "balanced" and that is identified with that in which there is at least 40% representation of the sex in a minority situation.

In addition, he recalled that the parity model of electoral lists is not new in the legal system and has been fully validated by the Constitution.

On the sidelines, the Plenary has also unanimously approved the report on the draft Royal Decree that modifies the text that regulates the remuneration regime of the Corps of Court Clerks and the one that determines the standard positions assigned to the Corps of Court Clerks for the purposes of the general complement of position, the initial assignment of the specific complement and the remuneration for substitutions that imply the joint performance of another function.

ENDORSES THE REFORM OF THE REGISTRY OF SEX OFFENDERS

In addition, sources from the body consulted by this news agency have confirmed that the Plenary has also approved the rest of the reports that it planned to take cognizance of, including the one related to the draft royal decree that modifies the Central Registry of Sexual Offenders. , which endorses the reform inasmuch as it means adapting this tool to the changes brought about by the law for the comprehensive protection of children and adolescents, only making it ugly that people with disabilities and minors are equated in some aspects.

The draft, to which Europa Press has had access, has been prepared by the members Juan Manuel Fernández and Pilar Sepúlveda, who make "a positive general assessment" of the norm since "it seeks to adapt the registration regulation to the latest legislative reforms on the matter, technological advances and the effective integration of the European criminal record information system".

The members emphasize that the rule seeks to modify the configuration of the legal regime of a data registration system, which includes the genetic profile code of those people convicted in a final judgment for crimes of a sexual nature, with an essentially preventive purpose. And they emphasize that, in addition, it serves other purposes, not only prevention but also favoring the identification of the perpetrators and investigation of such crimes.

Likewise, they value that, "in view of the norm, they will have access to the registry not only the crimes of trafficking for the purpose of sexual exploitation" but also those whose purpose is pornography, "exploitation to carry out criminal activities", "the removal of bodily organs", "the celebration of forced marriages" and "the imposition of forced labor or services, slavery or practices similar to slavery, servitude or begging".

On the contrary, they make ugly that the bill makes "references to people with disabilities who are not admissible", in accordance with the civil and procedural legislation reform of 2021 in support of the exercise of their legal capacity.