The Government defends before the ECHR the current system of electing members of the CGPJ

Published
09/19/2022 14:11

Updated
09/19/2022 17:26

The Government refuses to allow the European Court of Human Rights (ECHR) to admit a lawsuit filed by six magistrates of the Francisco de Vitoria Judicial Association (AJFV) who were listed as candidates for members of the CGPJ. The State Attorney General’s Office has responded in its allegations forwarded to Strasbourg that rights have not been violated of these judges at the same time that it has endorsed the current system for electing members of the General Council of the Judiciary.

In an official letter sent to the ECHR, and to which he has had access Vozpopulithe legal services of the Government pronounce themselves in relation to a lawsuit filed by this group of magistrates who denounced before Europe that, the blockade in the renewal of the CGPJ, violated their rights. All of them were part of the list of candidates who were going to be chosen by Congress to form part of the new governing body of judges.

The inaction of the parliamentary groups led them to report the facts to the ECHRalthough the State Attorney General’s Office has forwarded its allegations pointing out that their claim should not be admitted for processing since they are not harmed by the blockade in the renewal of the body.

Lawsuit before the ECHR

“They do not claim compensation for any damage, but strictly ask that the Chambers be urged to adopt the necessary measures so that the procedure for the appointment of the members of the CGPJ continues. It is difficult to imagine such a purely political matter, and not civil, such as the internal functioning of a Parliament”, the Government’s legal services now respond. In addition, they point out that the fact that the chambers have not yet renewed due to the absence of an agreement between the PP and PSOE does not mean that they are harmed.

The Government maintains that they have not lost their professional position and that it cannot be argued that their rights have been violated since none of them is still vocal of the new organ of government of judges. “In no way can the appointment of the CGPJ be considered as a form of judicial career advancement in the Spanish legal system,” he reasons.

The plaintiffs, on the other hand, yes they are considered harmed that the Popular Party and the PSOE have not agreed to renew an expired CGPJ since the end of 2018. These six members of the AJFV were part of the fifty candidates who opted to be candidates of the new CGPJ. Their names were part of a list that was sent on September 27, 2018 to the presidents of Congress and the Senate for, as established by the Law, members were appointed.

Right to a fair trial

Although at that time everything pointed to the renovation of the Judiciary going to take place in time, the clash between the Government and the Popular Party blew up the pact. Therefore, these six members of the Francisco de Vitoria Judicial Association appealed to the ECHR for violation of article 6 of the European Convention for the Protection of Human Rights, regarding the right to a fair trial.

The Advocacy not only does not support its thesis but asks that the claim be inadmissible. In their official letter they recall that these six magistrates also tried unsuccessfully to get the Constitutional Court to admit their appeal for protection. “In the only appeal brought before the domestic courts, the plaintiffs they did not ask for protection or any reparation of their rights to private or family life, so that no domestic remedy would have been exhausted in this regard. In any case No damage has been proven that exceeds the threshold that the jurisprudence of the ECHR”, responds the Advocacy.

In the same way, he insists that these facts are parliamentary nature, and remember that the current system for electing members is endorsed by the Constitutional Court. “Given the specific circumstances that exist in this case, it cannot be concluded that there has been a violation of Article 6 of the ECHR deserving of the
condemns the Kingdom of Spain“, concludes the Advocacy in its response to the ECHR.

From the Francisco de Vitoria Judicial Association they qualify as “paradoxical” and “highly worrying” the position of the Government. Its national spokesman, Jorge Fernández, has shown his surprise because the Lawyer understands that it is normal that for four years the parliamentary groups have not proceeded to renew the CGPJ and that the list of candidates has not been put to a vote even once. “It is surprising that he says that parliamentary groups can fail to meet a deadline established in the Constitution without anyone being able to do anything,” he reacted.