Tuesday, October 19

The reform promoted by PSOE and United We can enter into force that limits the functions of an expired CGPJ

Façade of the CGPJ.

Façade of the CGPJ.

The Official State Gazette this Tuesday collects the bill promoted by PSOE and United We Can to prevent the General Council of the Judiciary (CGPJ) may make discretionary appointments to the judicial leadership when his mandate has expired.

Its publication comes a week after the Plenary of the Senate the reform that began last December was finally approved and, after urgent processing in both chambers, the CGPJ has been in office for more than two years.

Thus, the law states that, once its mandate has expired, the CGPJ must be limited to being heard by the Government before the appointment of the State Attorney General, participate in the selection of judges and magistrates and resolve what is appropriate in the matter of training and improvement, provision of posts, regulated promotions, administrative situations and disciplinary regime of judges and magistrates.

In addition, the CGPJ may exercise the high inspection of Courts, as well as the supervision and coordination of the ordinary inspection activity of the presidents and government chambers of the Courts. In this sense, it must take care of the official publication of the sentences and other resolutions determined by the Supreme Court and the rest of the judicial bodies.

On the other hand, it must guarantee the operation and update the training programs of the Judicial School as well as exercise the regulatory power in the publicity of judicial proceedings, the publication and reuse of judicial decisions, authorization of days and hours, as well as setting of hours of public hearing and constitution of judicial bodies outside their headquarters.

Carry out “essential actions to guarantee its operation”

In this context, the CGPJ must also exercise the power under the guardianship of the jurisdictional bodies, in the organization and management of the actions of the Spanish judicial bodies in matters of internal and international judicial cooperation as well as guarantee the accessory conditions for the exercise of the rights and duties that make up the statute of judges and magistrates, as well as the legal regime of Judicial Associations, without such regulatory development may imply any innovation or alteration of the legal regulation.

Likewise, The reform enables the CGPJ to test the list of jobs of civil servants in its service, to collaborate with the Control Authority in matters of data protection in the field of the Administration of Justice and to receive complaints from citizens in matters related to the Administration of Justice.

An expired CGPJ may also prepare and execute its own budget, in the terms provided for in this Organic Law, propose, after justification of the need, the necessary reinforcement measures in specific judicial bodies and issue a report in the files of patrimonial responsibility. for abnormal functioning of the Administration of Justice.

By last, the CGPJ may compile and update the Principles of Judicial Ethics and proceed with their disclosure, as well as its promotion with other judicial, national or international entities and organizations and to prepare the reports on the draft laws and general provisions that by virtue of the provisions of article 561 correspond to it.

Thus, and without prejudice to the provisions, the reform establishes that the acting Board may carry out those other actions that are essential to guarantee the ordinary functioning of the body.

What’s more, the order states that when the CGPJ is in officeIn accordance with the provisions of article 570.2, its Presidency may not agree to dismiss the Secretary General or the Deputy Secretary General.


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