Brussels endorses the Constitutional by requesting that important reforms respect the rules and prior consultations

BRUSELAS, 20 Dic. (EUROPA PRESS) -

The European Commission considers that the reforms of the judicial systems in the Member States must always go through prior consultations with the interested parties, including the judiciary, and expects Spain to comply with European standards, which in practice means the support of Brussels to the action of the Constitutional Court.

The Community Executive follows the situation in Spain "very closely" and is aware of the decision of the Constitutional Court to suspend the processing in the Senate of the reform of the Penal Code that includes the suppression of the crime of sedition and changes in the election system of the TC itself, said in a press conference the community spokesman for Justice, Christian Wigand.

In this context, Wigand has avoided assessing the substance of the reform because Brussels does not comment on legislative proposals until they are definitively adopted as law, but he has pointed out that community services expect "national authorities and all national actors to act according to national rules and procedures".

In this context, community sources add that, in the eyes of the community Executive, "when it comes to reforms of the judicial systems in the Member States, we have always maintained that it is important that the relevant interested parties are consulted, including, as appropriate, the judiciary and judicial councils".

The sources thus refer to the European standards that advocate that before a far-reaching reform in the judicial sphere is presented, there be "prior" consultations with actors such as the General Council of the Judiciary (CGPJ), prosecutors and judges or the Council of Europe through its Venice Commission.

In the case of Spain, the sources add, it is up to the Constitutional Court to rule on any "doubts or complaints" regarding the way in which the reform process is carried out and for the national authorities to comply with the established standards.

Already last week the Community Executive pointed out that it will examine the reforms in Spain within the framework of its annual evaluation of the rule of law in all member states, an analysis of the democratic health in each country that it usually publishes at the beginning of summer.

"As long as it is a bill, we do not comment on ongoing processes," the Community Executive insisted again this Tuesday, to later indicate that they will continue to "monitor" the reforms, "especially from the framework of the report on the State of right".

In this context, Brussels has also recalled that the position of the European Commission regarding the paralysis in the renewal of the General Council of the Judiciary (CGPJ) is "clear and stable".

In this way, the spokesman indirectly referred to the recommendations of the latest edition of the report on the rule of law that demanded from Spain an urgent renewal of the governing body of judges and that, immediately after, a reform of the system of election so that a majority of the members are chosen by their judges, in line with the standards recommended by Brussels and the Council of Europe.