May 22th 2024 | 4:30

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Strategies of the Spanish judicial right to maintain influence in the CGPJ

Strategies of the judicial right to maintain its influence in the courtrooms of government

Maria Jose Gonzalez

April 18, 2024 | 11:00 a.m.

Politics and the judiciary: an intricate relationship that defines the administration of justice

In recent times, the General Council of the Judiciary (CGPJ) In Spain it has been the scene of important political maneuvers that aim to control the government chambers in the highest courts of the country.. This October, with the call for elections in the Supreme Court, the National Court and the Superior Courts of Justice, a significant controversy has broken out regarding the voting method to be used.

Strategies of the judicial right to maintain its influence in the courtrooms of government

The members of the conservative sector of the General Council of the Judiciary, who have recently achieved a change in the interim leadership of the Judicial School, now strongly oppose the use of telematic voting. This system, previously used in less significant elections such as those of the ethics commission judicial or in the request for court transfers, has been rejected by conservative members who insist on the need to vote in person.

This strategic move, critics argue, appears to favor the largely conservative Professional Association of the Judiciary (APM), which exercises great influence in the halls of government controlled by this sector. This association has been accused of actively mobilizing to collect in-person votes, a tactic that allows them to capitalize on their organizational structure and their widespread presence throughout the autonomous communities.

Opposition to telematic voting in the General Council of the Judiciary: a question of legality or control?

Despite having the support of the technical cabinet of the General Council of the Judiciary, telematic voting faces great opposition. Conservative members have requested legality reports from the government chambers, dominated by the APM, which have expressed doubts about the legality of this method. Given this situation, the permanent commission of the General Council of the Judiciary has decided to raise the matter to the full Council, where the conservative majority is likely to prevail, predicting a rejection of the telematic vote.

This episode is not an isolated case but part of a broader strategy of the Popular Party and its allies to maintain firm control over judicial mechanisms and, therefore, on political and judicial decisions at the national level. The blockage to the renewal of the CGPJ, which has been in place for more than five years with only 16 of its 21 members and an alternate president, is another facet of this strategy.

The internal dynamics of the Council reveal how politics can significantly influence the administration of justice, affecting not only the composition of judicial government bodies but also transparency and the effectiveness of electoral processes within this power of the State. With the Judicial School recently under new control and upcoming moves in the halls of government, the Spanish judicial landscape could face significant changes that will redefine the interaction between law and politics in the country.

The controversy over electronic voting is just the tip of the iceberg in a series of actions calculated to ensure that the judiciary continues to be a politically controlled terrain, where decisions and influence are managed not only based on legal and ethical criteria, but also according to political and power conveniences.. This network of influences highlights the complexity of the separation of powers in Spain and raises important questions about the future of justice and its true independence.

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