スペイン内閣の司法改革で、司法一般理事会:CGPJ(Consejo General del Poder Judicial)の更新に対する厳しい批判から、施行を一時停止
El Gobierno aplaza la renovación del CGPJ para aplicarle la ‘ley Gallardón’
La nueva norma aún debe someterse a la tramitación parlamentaria
El País / Agencias Madrid 1 FEB 2013 - 10:46 CET
The government postponed the renewal of CGPJ to apply the 'law Gallardón'
The new standard has yet to undergo the parliamentary
The Country / Agencies Madrid 1 FEB 2013 - 10:46 CET
The Cabinet on Friday has addressed part of the reform of the Judiciary Act. The government has suspended the validity of several articles of the current law to defer the start of the process of renewal of the members of the General Council of the Judiciary (CGPJ), scheduled for March 23. Thus, Justice intended that the relay can be made according to the text to be adopted soon.
The current law states that the renewal process must begin six months before the end in mandate, which is dated September 23. Even so, in the event that eventually shorten the deadlines for the handover, the new CGPJ could be equally chosen on that date.
The bill to reform the CGPJ, filed in December by the Minister of Justice, Alberto Ruiz Gallardón, has provoked harsh criticism in the own governing body of judges. On Wednesday, the Committee on Research and reports CGPJ Wednesday approved, unanimously, the critic critical of reform made by the vowel Margarita Robles.
The text states that the Government's plans involve reducing CGPJ "to a minimum" to "clearly intended to subordinate members of the judiciary to the executive branch."
The Commission for the Study of the Judiciary nuance some of the findings of Robles, but kept the spirit censor paper that would have deleted a paragraph of general considerations of reform where the minister was accused of wanting to turn the Council " a general direction "of his department. It has also removed the comparison of the minister with a sort of "Don Quixote."
However, the members of the Study Commission go even beyond that indicated by the speaker to warn that the removal of the exclusive dedication of the members (only have six of the Disciplinary Commission, against the current 20) can eventually produce "dysfunctions in court."
The judiciary also doubt the constitutionality of some of the new features included by Gallardón as is the possibility that the CGPJ partially renewed if no agreement is reached in both houses and most of the members, except the six of the Permanent Commission - do not have full time and simultaneously exercise their professions.
Robles also said the duty of the members to remain on active duty-if-o judges exercise their professions of lawyer, attorney or professor if they come from other areas may also be unconstitutional.
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