GRECO asks to unblock the renewal of the CGPJ and criticizes the reform that prevents it from making acting appointments

Shows concern about the perceived politicization of the system for electing the governing body of judges

MADRID, 5 Dic. (EUROPA PRESS) -

The Group of States against Corruption (GRECO) of the Council of Europe has lamented this Monday the lack of progress in the renewal of the General Council of the Judiciary (CGPJ) and has urged the "authorities" to unblock this "critical" situation of blockade that yesterday Sunday reached four years due to the inability of the political formations to reach an agreement to appoint the 20 members of the governing body of judges.

"This is a highly unsatisfactory situation; the authorities are urged to take determined measures in this key area," GRECO pointed out in the conclusions of its evaluation report on the recommendations made to Spain in the area of ​​corruption as a result of the Fourth Evaluation Round in 2014 with respect to parliamentarians, judges and prosecutors.

In the document, the Group of States has recalled that in the past it recommended Spain to carry out an evaluation of the legislative framework by which the CGPJ is governed, as well as its effects on the "real and perceived independence" of the body of government of the judges against "any undue influence" to correct the deficiencies detected.

In this edition, as it did in previous reports, the Group has concluded that said recommendation has not yet been implemented and has once again reiterated the need to eliminate the selection of judicial turn by politicians. In his opinion, the CGPJ selection system and the perceived politicization of it "is not a minor concern."

On the sidelines, he has indicated that he considers it "very worrying" that the acting CGPJ cannot make discretionary appointments in the judicial leadership as a result of the reform of the Organic Law of the Judiciary (LOPJ) that was approved in March 2021.

As specified by GRECO, on this occasion, the Spanish authorities have warned that the negotiations on the renewal of the CGPJ resumed last October, but were frustrated at the end of that same month.

The Group of States has lamented the "lack of positive results to implement the recommendation" and has once again emphasized the Council of Europe standards on the choice of judicial turn in judicial councils.

GRECO has insisted that, when there is a mixed composition of the judicial councils, the norms establish that "judges must be chosen by their peers" and that the political authorities must not be "involved" in "any stage" of the process of selection.

"Last but not least, the four-year deadlock in the appointment of the CGPJ is a matter of critical concern, which must be addressed as a matter of priority," the Council stressed.

Within the framework of the document, GRECO recalled that it had also recommended to Spain that objective criteria and evaluation requirements be established in law for the appointment of senior officials in the Judiciary to ensure that such appointments "do not call into question the independence , impartiality and transparency of this process".

The Group of States against Corruption assessed this recommendation as partially implemented in the Second Compliance Report. While acknowledging the steps taken to increase transparency in the system for appointing the highest ranks of the judiciary, he considered that more could have been done to simplify the applicable requirements and procedures in this area.

On this occasion, there has been no progress because the Spanish authorities have indicated that -since the CGPJ has not been renewed- "there is nothing new to report on this matter". Thus, GRECO has lamented "the lack of new developments in this area".