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Brussels confirms, following TC ruling, that “significant judicial reforms” require “prior consultation”.

The European Commission confirms that “there are European standards for significant, far-reaching judicial reforms” that require “prior consultation with the parties involved”. This was reported by community sources to, just 12 hours after the Constitutional Court banned the processing of the reform by which the PSOE and Unidas Podemos intended to reopen the Court of Guarantee themselves.

The executive of the community recalls that in the past, it criticized important express reforms in other countries – such as Romania or Poland – and insisted that it considered appropriate to discuss important reforms, prior dialogue with the CGPJ, prosecutors’ associations, judges, or even the Venice Commission.

The position expressed by community sources this Tuesday is also similar to statements made when the PSOE and UP tried to unblock the renewal of the CGPJ, frozen for four years by the PP, with a legal reform that would reduce the majority. It is necessary to renew the governing body of judges.

The European Commission considers the Constitutional Court to be the competent body to “resolve any doubts or complaints in this regard”. Thus, the sources claim that the TC’s decision is about the procedure and not the substance of the reform.

“What I can say about the latest developments,” said Christian Wiegand, a spokesman for the Justice Society, “is that we are following the situation in Spain very closely, that we are aware of the decision of the Spanish Constitutional Court.”

The spokesperson added: “We do not normally comment on decisions of the Constitutional Courts. Of course, we expect that all national authorities and actors will always act in accordance with the rules and procedures established at the national level.” In this sense, the commission’s sources admitted that both the government and the courts have shown their willingness to comply with the constitutional decision.

“With regard to the draft law, we will not comment on this process while it is a draft,” Wiegand continued, “However, we will continue to monitor these reforms, particularly in the context of the rule of law report.”

Judicial blockade

The community’s spokesperson also indicated its “strong and clear position” regarding the “urgency” of renewing the General Council of the Judiciary, which will be handed over by the expired mandate not only to CGPJ members, but also to judges. TC, which voted on the decision on Monday night.

In this sense, Prime Minister Pedro Sánchez promised this Tuesday that he would take a step to prevent constitutional bodies such as the General Council of the Judiciary (CGPJ) and the Court of Guarantee from continuing the blockade, although he did not specify what. Their plans are. “In accordance with the law and the constitution, the government will take as many measures as necessary to end the unjustified blockade of the judicial and constitutional authorities,” the president of the government said in an institutional statement without being questioned. Palacio de la Moncloa this Tuesday.

“Yesterday, the Constitutional Court made a decision with a minimal margin, unprecedented in 44 years. What he did was to paralyze the action of the Cortes General, which also affects the renewal of the Constitutional Court as set out in the Magna Carta,” the President began in his brief speech, in which he described the situation, among other things. as a “serious institutional shock”. Sanchez stressed the need to respect the “popular will” expressed in the 2019 elections.

As the Minister of the Presidency Felix Bolaños and the Presidents of the Congress and the Senate Merixel Battet and Ander Gil did, Sánchez assured that they will defend the constitutional decision, even if they do not share it. For now, the upper chamber continued to process the express reform of the Criminal Code on embezzlement and sedition, so that it could be approved on Thursday, and the part that affected the renewal of the Court of Guarantee was paralyzed.

Source: El Diario





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