The Supreme Court urges the courts to provide an "immediate" solution to the "unsustainable situation" of 30% vacancies in the court

It warns that the Social Chamber and the Contentious-Administrative Chamber will dictate some 1,230 fewer sentences in 2023

MADRID, 18 Ene. (EUROPA PRESS) -

The Government Chamber of the Supreme Court (TS) has unanimously agreed to ask the General Council of the Judiciary (CGPJ) to urge Congress and the Senate to provide an "immediate" solution to the "unsustainable situation" that the court is going through -- which will have 30% vacancies this year-- given the legal impossibility of the governing body of judges to make discretionary appointments in the judicial leadership.

The magistrates of the Government Chamber have adopted this agreement after endorsing a report by the director of the Court's Technical Office - commissioned by the CGPJ itself - which details the impact of the reform that prevents the governing body from Judges make appointments in the activity of each of the five courtrooms.

As reported by the court on Wednesday, the Supreme Court magistrates consider it necessary for Parliament to establish an "immediate remedy for this state of affairs and promote any other initiatives in order to prevent it from getting worse."

From the High Court they estimate that in 2023 in the Social Chamber and in the Contentious-Administrative Chamber -which are the two most affected- some 1,230 fewer sentences will be handed down -570 less in Contentious and 660 in Social-- , "with the serious damage to the defendant that this entails", and with the serious delay in thousands of resolutions that would lead to the "collapse" of both chambers.

The Supreme Court warns of the "critical situation" in which the Labor Chamber is currently found --with 5 vacancies in a staff of 13-- and the Contentious-Administrative Chamber --with 10 vacancies in a staff of 33- -. For this reason, it demands that a provision of 15 legal positions from the Technical Cabinet with remuneration of coordinating lawyer and to be preferably covered by magistrates.

The approved report recalls that the Supreme Court must have a president and 79 magistrates by legal provision. The current figures, however, are far from ideal: the court finds itself without a titular president and with a total of 19 magistrate vacancies.

According to the data handled by the High Court, there are 2 vacancies in the Civil Chamber, 10 in the Contentious-Administrative Chamber, 5 in the Social Chamber and 2 in the Military Chamber. Thus, the Supreme Court has a workforce that is 24.05% less than that legally established.

Within the framework of the report, it is also noted that more vacancies are expected in the coming months. Specifically, 5 for retirement; one in each of the rooms. According to these accounts, this 2023 the Supreme Court will have 24 vacancies out of 79 seats, which makes a percentage of 30.37% less.

In addition, the positions of president and vice-president of the court, and those of presidents of the Contentious-Administrative and Social Chambers are vacant -and occupied in office.

Regarding the requests of magistrates for the Technical Cabinet, the report emphasizes that they would support the chambers in the decision phases, where the most relevant bottleneck is generated, to prepare draft sentences of a repetitive nature under the supervision of the rapporteurs. or with stable and consolidated jurisprudence.

As the text highlights, "with a situation in which the Supreme Court is not the cause, but rather the direct victim, it is necessary to articulate some system that allows existing difficulties to be overcome and appeals to be resolved within reasonable terms, so as not to cause further damage to the citizens, who trust in Justice and await the resolution of their claims without undue delay".

As for the Civil Chamber, with 2 vacancies out of a staff of 10 magistrates, to which another will be added in March, the report states the absolute need to extend the current reinforcing measures.