June 29, 2024

Un acuerdo que refuerza la independencia judicial

Un acuerdo que refuerza la independencia judicial
Un acuerdo que refuerza la independencia judicial
El podcast de Francisco Marhuenda
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.

0:08 An agreement that strengthens judicial independence. I think we can all agree that the legislature is full of clouds and uncertainties. A very good news is the agreement reached between the PESO and the PP to renew the General Council of the Judiciary, to appoint the Constitutional Judge who corresponds to the Senate and to propose a series of reforms that will improve the independence of the judiciary. Nor was it good to maintain the current situation nor were Sanchez' s threats to act unilaterally. The latter was propaganda, because he knows perfectly well that the European Union has acted very strongly against him with the report on the state of the rule of law in Spain pending publication. There would only have been one more attack, such as applying the picturesque ideas that some pseudo- Anchist jurists intended.

0:55 The negotiators, Dambos parties Feliz Bolaños and Esteban González Pons have done a magnificent job because they have won justice, which is all we have to care about. The realization of this reality is the criticism of the extremists and the disgust of those who sought to replicate the disturbing situation in which they find themselves constitutional in the General Council of the Judiciary. Some believe that the worse the situation, the better for their interests, while others are blinded by their sectarianism as advocates of the alternative use of law. This agreement has the virtue that it puts an end to any actism of partisan control. It is good right now, but also if the legislature will run out in the coming months. The obscene distribution of the General Council of the Judiciary was a misdemeanour that offered an unjust image of control of the judiciary that does not correspond to the reality of a judiciary characterized by its independence. A sample of these are the unfavorable problems and sentences that have been experienced by pp EL, PESOE, employers, trade unions and even members of the royal family. The different instances also allow any error to be corrected in cassation. Another issue is the constitutional change that is being imposed on the Constitutional Court, which is as disturbing as it is far removed from the role conferred on it by the Constitution. It is also a consequence of the political character that this institution has recently acquired, since jurists are placed with insufficient merit and lacking the training that he knew their predecessors had in previous times. There is nothing more to compare Balaguer Díaz Montalbán' s training,

2:29 career and publications with the members of the First Constitutional Court. The same can be said between Count Pumpido and Manuel García Pedayo. It is an objective fact that can be checked by any of my kind readers. I' m not optimistic about the misdeeds you' ll continue to do. The Constitutional President has decided to forget that he is a jurist and judge the Supreme to assume an irresponsible political role that he would never have imagined would be able to adopt another democratic anomaly was that the Turning Government to the President of the General Council of the Judiciary, which is also the Supreme Court, will henceforth be elected by the members, as a strengthened majority is needed. It is essential that the separation of powers is guaranteed in order to follow the maxim that their control by one of them leads to tyranny. It is true that the confusion between the Government and the administration remains to be resolved, which is good to remember that they are not the same. The second cannot be colonized, but should follow the criterion of merit and capacity, as well as understand that it is in the service of society and not of the partisan interests of the Turno Government.

3:34 Another aspect that the leader of the PESOE should assume is that the situation of Congress is scandalous, because it is a mere belt of transmission of the wishes of the government in its allies. Once again, it contradicts the spirit of the Constitution, because the debate is systematically stolen with legislative blunders, the abuse of legislative decrees and the propositions of law The government' s own activity of control has become a specter. It is true that it is always uncomfortable, but it is one of the foundations of democracy. He dislikes that the Senate is in the hands of the PP, but the rules of the game must be met. He would like, if the opposition were there, for the PEPE to act as he does. Sanchez. You need to buy time to forget about the Amnesty disaster. It takes these three remaining years of legislature to stop it from being present, which bought the Presidency of the Government with a law based on an illegitimate end that in any act contract of disposition would render them null and void. The vice is so serious that it can only be defended by ideological jurists such as Count Pumpido and his collaborators, as well as pseudo- sectarian jurists such as Preroyo and Urías. Other advances that should be refined and reflected in the agreement affect the prosecution and the judiciary. Not only do they have to be independent in the background, but also in the form. In both cases, it would be good to embark on a reform process in that direction. The Organic Statute of the Public Prosecutor' s Office must guarantee its complete independence from the Government, because it should be recalled that the Constitution includes it under the title dealing with the judiciary. It is one thing to implement the Government' s policy on criminal matters and other aspects,

5:06 and another very different is the idea that it depends on its President. It is an affirmation that does not respond to the constitutional spirit. Its mission is to promote and promote the action of justice, to ensure the legality and impartiality of the functioning of justice and the protection of the rights of Spaniards. Therefore, democratic regeneration is good, provided it is not inspired by the radical populism of the Ibero- American Left.