The Court of Human Rights in Europe wants Pedro Sánchez to explain the non-renewal of the CGPJ

The Strasbourg Court, which depends on the Council of Europe, is studying a lawsuit by six magistrates from the Francisco de Vitoria Association

The institutional blockade due to the lack of agreement between the PSOE and the PP will be analyzed outside of Spain. The European Court of Human Rights (ECHR) has asked the Government to rule on a lawsuit filed by six magistrates of the Association of Judges Francisco de Vitoria who turned to this body before the non-renewal of the General Council of the Judiciary (CGPJ) since December 2018.

Specifically, the Spanish judges consider that two articles of the European Convention on Human Rights, relating to having a judicial process within a reasonable time. They go to the European body after the The Constitutional Court flatly refused to offer them protection Front of inactivity of the Cortes Generales in the process of renewal of the governing body of the judges.

In a resolution issued on May 2nd, Strasbourg requires the Spanish Government to present a statement of facts along with its observations on the admissibility and merits of the complaints filed by the six magistrates. It gives the Spanish Executive until September 15, 2022 to present its allegations.

Political reasons for the blockade

The judges turned to the ECHR last October to denounce that the institutional blockade was taking place “for purely political reasons and interests”. In their challenge, the magistrates argue before the ECHR that in September 2018 the list of the 50 active judges who presented themselves as candidates to renew the CGPJ was sent to Parliament and that, since then, these lists have not been voted by the Courts Generals.

“Faced with the passivity of the institutions”on October 14, 2020, these magistrates appealed in amparo before the Constitutional Court for the alleged violation of the right of access to public office, contained in article 23 of the Spanish Constitution, informs the association that supports them in this demand. Nevertheless, the TC did not admit their appeals for processing of amparo because he considered that they had been presented after the deadline. The fact that the highest court of guarantees did not even enter to examine the matter for a formal reason, forced the magistrates to go before the ECHR, which It will also review the performance of the Constitutional Court in this case.

Cracks in the institutional system

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The spokesperson for the Association of Judges Francisco de Vitoria, Jorge Fernández Vaqueroconsiders that “the vStarts of the current system They are the ones that have caused the blockade of the CGPJ by the political parties & rdquor ;. “Spain is a full State of Law, but there are certain cracks in the institutional system that are widening in recent times, such as the election process of the CGPJ, and we hope that with this lawsuit the ECHR can correct some of these defects & rdquor; explains Jorge Fernández Vaquero.

In the opinion of the AJFV spokesperson, the “institutional system has a problem with the election process of the CGPJ and the Constitutional should be at the forefront in the protection of constitutional guarantees to defend that system & rdquor ;. The AJFV is satisfied with the ECHR’s decision because the appeals have passed a first filter, since the majority are usually rejected outright by the Strasbourg Court.


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