June 29, 2024
Un acuerdo que refuerza la independencia judicial
Creo que todos podemos coincidir en que la legislatura está llena de nubarrones e incertidumbres. Una muy buena noticia es el acuerdo alcanzado entre el PSOE y el PP para renovar el Consejo General del Poder Judicial (CGPJ), nombrar al magistrado del...
Creo que todos podemos coincidir en que la legislatura está llena de nubarrones e incertidumbres. Una muy buena noticia es el acuerdo alcanzado entre el PSOE y el PP para renovar el Consejo General del Poder Judicial (CGPJ), nombrar al magistrado del Tribunal Constitucional que corresponde al Senado y plantear una serie de reformas que mejorarán la independencia del Poder Judicial. Ni era bueno mantener la situación actual ni eran creíbles las amenazas de Sánchez de actuar de forma unilateral. Esto último era propaganda, porque sabe perfectamente que la Unión Europea hubiera actuado con gran contundencia en su contra. Con el informe sobre la situación del Estado de Derecho en España pendiente de publicar, solo hubiera faltado un nuevo ataque como aplicar las pintorescas ideas que pretendían algunos pseudojuristas sanchistas.
WEBVTT
1
00:00:08.599 --> 00:00:14.560
An agreement that strengthens judicial independence.
I think we can all agree that the
2
00:00:14.640 --> 00:00:19.839
legislature is full of clouds and uncertainties. A very good news is the agreement
3
00:00:19.839 --> 00:00:23.879
reached between the PESO and the PP
to renew the General Council of the Judiciary,
4
00:00:24.440 --> 00:00:29.199
to appoint the Constitutional Judge who corresponds
to the Senate and to propose a
5
00:00:29.239 --> 00:00:33.320
series of reforms that will improve the
independence of the judiciary. Nor was it
6
00:00:33.359 --> 00:00:37.840
good to maintain the current situation nor
were Sanchez' s threats to act unilaterally.
7
00:00:39.000 --> 00:00:43.000
The latter was propaganda, because he
knows perfectly well that the European Union
8
00:00:43.079 --> 00:00:46.960
has acted very strongly against him with
the report on the state of the rule
9
00:00:46.960 --> 00:00:51.560
of law in Spain pending publication.
There would only have been one more attack,
10
00:00:51.759 --> 00:00:55.039
such as applying the picturesque ideas that
some pseudo- Anchist jurists intended.
11
00:00:55.840 --> 00:01:00.240
The negotiators, Dambos parties Feliz Bolaños
and Esteban González Pons have done a magnificent
12
00:01:00.359 --> 00:01:03.719
job because they have won justice,
which is all we have to care about.
13
00:01:04.879 --> 00:01:08.799
The realization of this reality is the
criticism of the extremists and the disgust
14
00:01:08.840 --> 00:01:14.519
of those who sought to replicate the
disturbing situation in which they find themselves constitutional
15
00:01:14.560 --> 00:01:18.879
in the General Council of the Judiciary. Some believe that the worse the situation,
16
00:01:19.359 --> 00:01:23.200
the better for their interests, while
others are blinded by their sectarianism as
17
00:01:23.239 --> 00:01:27.480
advocates of the alternative use of law. This agreement has the virtue that it
18
00:01:27.560 --> 00:01:33.000
puts an end to any actism of
partisan control. It is good right now,
19
00:01:33.200 --> 00:01:37.120
but also if the legislature will run
out in the coming months. The
20
00:01:37.200 --> 00:01:42.560
obscene distribution of the General Council of
the Judiciary was a misdemeanour that offered an
21
00:01:42.680 --> 00:01:46.400
unjust image of control of the judiciary
that does not correspond to the reality of
22
00:01:46.480 --> 00:01:51.239
a judiciary characterized by its independence.
A sample of these are the unfavorable problems
23
00:01:51.239 --> 00:01:56.079
and sentences that have been experienced by
pp EL, PESOE, employers, trade
24
00:01:56.159 --> 00:02:00.640
unions and even members of the royal
family. The different instances also allow any
25
00:02:00.680 --> 00:02:06.000
error to be corrected in cassation.
Another issue is the constitutional change that is
26
00:02:06.040 --> 00:02:09.960
being imposed on the Constitutional Court,
which is as disturbing as it is far
27
00:02:10.000 --> 00:02:14.759
removed from the role conferred on it
by the Constitution. It is also a
28
00:02:14.800 --> 00:02:19.479
consequence of the political character that this
institution has recently acquired, since jurists are
29
00:02:19.520 --> 00:02:23.479
placed with insufficient merit and lacking the
training that he knew their predecessors had in
30
00:02:23.520 --> 00:02:29.080
previous times. There is nothing more
to compare Balaguer DÃaz Montalbán' s training,
31
00:02:29.800 --> 00:02:35.800
career and publications with the members of
the First Constitutional Court. The same
32
00:02:35.840 --> 00:02:39.319
can be said between Count Pumpido and
Manuel GarcÃa Pedayo. It is an objective
33
00:02:39.560 --> 00:02:44.759
fact that can be checked by any
of my kind readers. I' m
34
00:02:44.879 --> 00:02:46.400
not optimistic about the misdeeds you'
ll continue to do. The Constitutional President
35
00:02:46.560 --> 00:02:52.719
has decided to forget that he is
a jurist and judge the Supreme to assume
36
00:02:52.800 --> 00:02:58.599
an irresponsible political role that he would
never have imagined would be able to adopt
37
00:02:58.680 --> 00:03:01.919
another democratic anomaly was that the Turning
Government to the President of the General Council
38
00:03:02.240 --> 00:03:06.479
of the Judiciary, which is also
the Supreme Court, will henceforth be elected
39
00:03:06.560 --> 00:03:09.840
by the members, as a strengthened
majority is needed. It is essential that
40
00:03:09.919 --> 00:03:14.800
the separation of powers is guaranteed in
order to follow the maxim that their control
41
00:03:14.840 --> 00:03:17.159
by one of them leads to tyranny. It is true that the confusion between
42
00:03:17.199 --> 00:03:22.120
the Government and the administration remains to
be resolved, which is good to remember
43
00:03:22.159 --> 00:03:24.800
that they are not the same.
The second cannot be colonized, but should
44
00:03:24.840 --> 00:03:29.680
follow the criterion of merit and capacity, as well as understand that it is
45
00:03:29.800 --> 00:03:32.919
in the service of society and not
of the partisan interests of the Turno Government.
46
00:03:34.479 --> 00:03:37.759
Another aspect that the leader of the
PESOE should assume is that the situation
47
00:03:37.840 --> 00:03:40.560
of Congress is scandalous, because it
is a mere belt of transmission of the
48
00:03:40.680 --> 00:03:44.759
wishes of the government in its allies. Once again, it contradicts the spirit
49
00:03:44.759 --> 00:03:49.479
of the Constitution, because the debate
is systematically stolen with legislative blunders, the
50
00:03:49.919 --> 00:03:53.360
abuse of legislative decrees and the propositions
of law The government' s own activity
51
00:03:53.439 --> 00:03:59.439
of control has become a specter.
It is true that it is always uncomfortable,
52
00:03:59.599 --> 00:04:01.400
but it is one of the foundations
of democracy. He dislikes that the
53
00:04:01.439 --> 00:04:04.599
Senate is in the hands of the
PP, but the rules of the game
54
00:04:04.599 --> 00:04:08.319
must be met. He would like, if the opposition were there, for
55
00:04:08.319 --> 00:04:11.800
the PEPE to act as he does. Sanchez. You need to buy time
56
00:04:11.840 --> 00:04:15.319
to forget about the Amnesty disaster.
It takes these three remaining years of legislature
57
00:04:15.680 --> 00:04:20.040
to stop it from being present,
which bought the Presidency of the Government with
58
00:04:20.160 --> 00:04:26.600
a law based on an illegitimate end
that in any act contract of disposition would
59
00:04:26.680 --> 00:04:30.639
render them null and void. The
vice is so serious that it can only
60
00:04:30.680 --> 00:04:35.199
be defended by ideological jurists such as
Count Pumpido and his collaborators, as well
61
00:04:35.240 --> 00:04:40.079
as pseudo- sectarian jurists such as
Preroyo and UrÃas. Other advances that should
62
00:04:40.079 --> 00:04:44.959
be refined and reflected in the agreement
affect the prosecution and the judiciary. Not
63
00:04:45.000 --> 00:04:47.360
only do they have to be independent
in the background, but also in the
64
00:04:47.360 --> 00:04:53.000
form. In both cases, it
would be good to embark on a reform
65
00:04:53.000 --> 00:04:56.160
process in that direction. The Organic
Statute of the Public Prosecutor' s Office
66
00:04:56.279 --> 00:05:00.879
must guarantee its complete independence from the
Government, because it should be recalled that
67
00:05:00.959 --> 00:05:02.480
the Constitution includes it under the title
dealing with the judiciary. It is one
68
00:05:02.519 --> 00:05:06.000
thing to implement the Government' s
policy on criminal matters and other aspects,
69
00:05:06.319 --> 00:05:12.040
and another very different is the idea
that it depends on its President. It
70
00:05:12.079 --> 00:05:15.800
is an affirmation that does not respond
to the constitutional spirit. Its mission is
71
00:05:15.879 --> 00:05:19.279
to promote and promote the action of
justice, to ensure the legality and impartiality
72
00:05:19.319 --> 00:05:24.560
of the functioning of justice and the
protection of the rights of Spaniards. Therefore,
73
00:05:24.959 --> 00:05:28.959
democratic regeneration is good, provided it
is not inspired by the radical populism
74
00:05:29.040 --> 00:05:30.680
of the Ibero- American Left.
1
00:00:08.599 --> 00:00:14.560
An agreement that strengthens judicial independence.
I think we can all agree that the
2
00:00:14.640 --> 00:00:19.839
legislature is full of clouds and uncertainties. A very good news is the agreement
3
00:00:19.839 --> 00:00:23.879
reached between the PESO and the PP
to renew the General Council of the Judiciary,
4
00:00:24.440 --> 00:00:29.199
to appoint the Constitutional Judge who corresponds
to the Senate and to propose a
5
00:00:29.239 --> 00:00:33.320
series of reforms that will improve the
independence of the judiciary. Nor was it
6
00:00:33.359 --> 00:00:37.840
good to maintain the current situation nor
were Sanchez' s threats to act unilaterally.
7
00:00:39.000 --> 00:00:43.000
The latter was propaganda, because he
knows perfectly well that the European Union
8
00:00:43.079 --> 00:00:46.960
has acted very strongly against him with
the report on the state of the rule
9
00:00:46.960 --> 00:00:51.560
of law in Spain pending publication.
There would only have been one more attack,
10
00:00:51.759 --> 00:00:55.039
such as applying the picturesque ideas that
some pseudo- Anchist jurists intended.
11
00:00:55.840 --> 00:01:00.240
The negotiators, Dambos parties Feliz Bolaños
and Esteban González Pons have done a magnificent
12
00:01:00.359 --> 00:01:03.719
job because they have won justice,
which is all we have to care about.
13
00:01:04.879 --> 00:01:08.799
The realization of this reality is the
criticism of the extremists and the disgust
14
00:01:08.840 --> 00:01:14.519
of those who sought to replicate the
disturbing situation in which they find themselves constitutional
15
00:01:14.560 --> 00:01:18.879
in the General Council of the Judiciary. Some believe that the worse the situation,
16
00:01:19.359 --> 00:01:23.200
the better for their interests, while
others are blinded by their sectarianism as
17
00:01:23.239 --> 00:01:27.480
advocates of the alternative use of law. This agreement has the virtue that it
18
00:01:27.560 --> 00:01:33.000
puts an end to any actism of
partisan control. It is good right now,
19
00:01:33.200 --> 00:01:37.120
but also if the legislature will run
out in the coming months. The
20
00:01:37.200 --> 00:01:42.560
obscene distribution of the General Council of
the Judiciary was a misdemeanour that offered an
21
00:01:42.680 --> 00:01:46.400
unjust image of control of the judiciary
that does not correspond to the reality of
22
00:01:46.480 --> 00:01:51.239
a judiciary characterized by its independence.
A sample of these are the unfavorable problems
23
00:01:51.239 --> 00:01:56.079
and sentences that have been experienced by
pp EL, PESOE, employers, trade
24
00:01:56.159 --> 00:02:00.640
unions and even members of the royal
family. The different instances also allow any
25
00:02:00.680 --> 00:02:06.000
error to be corrected in cassation.
Another issue is the constitutional change that is
26
00:02:06.040 --> 00:02:09.960
being imposed on the Constitutional Court,
which is as disturbing as it is far
27
00:02:10.000 --> 00:02:14.759
removed from the role conferred on it
by the Constitution. It is also a
28
00:02:14.800 --> 00:02:19.479
consequence of the political character that this
institution has recently acquired, since jurists are
29
00:02:19.520 --> 00:02:23.479
placed with insufficient merit and lacking the
training that he knew their predecessors had in
30
00:02:23.520 --> 00:02:29.080
previous times. There is nothing more
to compare Balaguer DÃaz Montalbán' s training,
31
00:02:29.800 --> 00:02:35.800
career and publications with the members of
the First Constitutional Court. The same
32
00:02:35.840 --> 00:02:39.319
can be said between Count Pumpido and
Manuel GarcÃa Pedayo. It is an objective
33
00:02:39.560 --> 00:02:44.759
fact that can be checked by any
of my kind readers. I' m
34
00:02:44.879 --> 00:02:46.400
not optimistic about the misdeeds you'
ll continue to do. The Constitutional President
35
00:02:46.560 --> 00:02:52.719
has decided to forget that he is
a jurist and judge the Supreme to assume
36
00:02:52.800 --> 00:02:58.599
an irresponsible political role that he would
never have imagined would be able to adopt
37
00:02:58.680 --> 00:03:01.919
another democratic anomaly was that the Turning
Government to the President of the General Council
38
00:03:02.240 --> 00:03:06.479
of the Judiciary, which is also
the Supreme Court, will henceforth be elected
39
00:03:06.560 --> 00:03:09.840
by the members, as a strengthened
majority is needed. It is essential that
40
00:03:09.919 --> 00:03:14.800
the separation of powers is guaranteed in
order to follow the maxim that their control
41
00:03:14.840 --> 00:03:17.159
by one of them leads to tyranny. It is true that the confusion between
42
00:03:17.199 --> 00:03:22.120
the Government and the administration remains to
be resolved, which is good to remember
43
00:03:22.159 --> 00:03:24.800
that they are not the same.
The second cannot be colonized, but should
44
00:03:24.840 --> 00:03:29.680
follow the criterion of merit and capacity, as well as understand that it is
45
00:03:29.800 --> 00:03:32.919
in the service of society and not
of the partisan interests of the Turno Government.
46
00:03:34.479 --> 00:03:37.759
Another aspect that the leader of the
PESOE should assume is that the situation
47
00:03:37.840 --> 00:03:40.560
of Congress is scandalous, because it
is a mere belt of transmission of the
48
00:03:40.680 --> 00:03:44.759
wishes of the government in its allies. Once again, it contradicts the spirit
49
00:03:44.759 --> 00:03:49.479
of the Constitution, because the debate
is systematically stolen with legislative blunders, the
50
00:03:49.919 --> 00:03:53.360
abuse of legislative decrees and the propositions
of law The government' s own activity
51
00:03:53.439 --> 00:03:59.439
of control has become a specter.
It is true that it is always uncomfortable,
52
00:03:59.599 --> 00:04:01.400
but it is one of the foundations
of democracy. He dislikes that the
53
00:04:01.439 --> 00:04:04.599
Senate is in the hands of the
PP, but the rules of the game
54
00:04:04.599 --> 00:04:08.319
must be met. He would like, if the opposition were there, for
55
00:04:08.319 --> 00:04:11.800
the PEPE to act as he does. Sanchez. You need to buy time
56
00:04:11.840 --> 00:04:15.319
to forget about the Amnesty disaster.
It takes these three remaining years of legislature
57
00:04:15.680 --> 00:04:20.040
to stop it from being present,
which bought the Presidency of the Government with
58
00:04:20.160 --> 00:04:26.600
a law based on an illegitimate end
that in any act contract of disposition would
59
00:04:26.680 --> 00:04:30.639
render them null and void. The
vice is so serious that it can only
60
00:04:30.680 --> 00:04:35.199
be defended by ideological jurists such as
Count Pumpido and his collaborators, as well
61
00:04:35.240 --> 00:04:40.079
as pseudo- sectarian jurists such as
Preroyo and UrÃas. Other advances that should
62
00:04:40.079 --> 00:04:44.959
be refined and reflected in the agreement
affect the prosecution and the judiciary. Not
63
00:04:45.000 --> 00:04:47.360
only do they have to be independent
in the background, but also in the
64
00:04:47.360 --> 00:04:53.000
form. In both cases, it
would be good to embark on a reform
65
00:04:53.000 --> 00:04:56.160
process in that direction. The Organic
Statute of the Public Prosecutor' s Office
66
00:04:56.279 --> 00:05:00.879
must guarantee its complete independence from the
Government, because it should be recalled that
67
00:05:00.959 --> 00:05:02.480
the Constitution includes it under the title
dealing with the judiciary. It is one
68
00:05:02.519 --> 00:05:06.000
thing to implement the Government' s
policy on criminal matters and other aspects,
69
00:05:06.319 --> 00:05:12.040
and another very different is the idea
that it depends on its President. It
70
00:05:12.079 --> 00:05:15.800
is an affirmation that does not respond
to the constitutional spirit. Its mission is
71
00:05:15.879 --> 00:05:19.279
to promote and promote the action of
justice, to ensure the legality and impartiality
72
00:05:19.319 --> 00:05:24.560
of the functioning of justice and the
protection of the rights of Spaniards. Therefore,
73
00:05:24.959 --> 00:05:28.959
democratic regeneration is good, provided it
is not inspired by the radical populism
74
00:05:29.040 --> 00:05:30.680
of the Ibero- American Left.
