The government will not rush through its judicial reform despite justifying its haste to avoid the CGPJ report

Spokesman of the PSOE in
PSOE spokesperson in Congress, Patxy López, and Prime Minister Pedro Sánchez applaud in Congress. (Carlos Lujan/Europa Press)

PSOE will not be processed by emergency his controversial legal reform against “abusive litigation” and complaints with press clippings registered this Friday in Congress, despite the fact that this circumstance allegedly justified the fact that an initiative of this magnitude with significant changes was not proposed by the Council of Ministers. The government formed by PSOE and Sumar, not contributing to this, the government of Pedro Sánchez again avoids submit the report of the advisory bodies without failsuch as the Council of State or the Chief Judicial Council (CGPJ).

Among the functions of the governing body of judges is a task prepare a the report draft laws and general provisions relating to matters affecting it, as in the case of this reform. CGPJ will issue its report “in term without extension thirty days.” If the referral order specifies the urgency of the report, then the deadline will be fifteen days.

“In exceptional cases, the referring body can grant an extension of the deadline based on the circumstances of the case. The duration of the extension will be fifteen days, unless the referral order specifies the urgency of the report, in which case it will be ten days,” the General Judicial Council said in a statement.

But the socialists will avoid this procedure by registering their judicial reform through a accountthat is, on the initiative of the parliamentary group. PSOE sources in Congress clarify Infobae Spain what The process of the measure will be normal. The party also has no specific timeline for approval of the measure in the lower house, where it has already contacted several parties and hopes overcame his parliamentary weakness approve it. “We have implemented 95% of all initiatives and I hope that the work my colleagues are doing will bear fruit,” said Alfonso Rodríguez Gómez de Celis (PSOE), first vice-president of Congress.

This procedure contradicts the “urgency” put forward by the PSOE to justify the formula used to promote the norm, criticized the refereeing associations and the opposition. “Based on what we’ve been through lately, we’ve made the decision that we felt was right urgent and importantwhich is to stop harassment and persecution that ultra groups They force many people in our country (creative artists, journalists, scientists and political opponents), using and perverting the rule of law and judicial mechanisms, to attack this enemy and achieve certain goals. We are making this bill to limit and stop it,” explained the press secretary of the socialists. Patsy Lopez.

As part of the many evaluations that the initiative received, this practice caused protest. “They always do the same thing. This is a common technique of this government remove messages that enrich the legal textwhich is detrimental to citizens and good legislative engineering. The reports of technical bodies are always enriching,” the judge sums up Sergio Olivaspokesperson for the Association of Judges of Francisco de Vitoria (AJFV).

For his part, the press secretary of the Professional Association of Judges (APM) emphasizes that this “course of action” has already been used in the parliamentary hearing of the court. amnesty law.

In addition to the forms, the announcement of the law caused a an earthquake in the judicial career, who does not favor some points of the legislative proposal. Lawyers consulted in this way agree that the reform appears to have been intended to apply to cases affecting the immediate environment. Pedro Sanchezsome of which, if their parliamentary procedure goes ahead, will dedicated to the archive.

The government is using its pledge to crack down on crimes against religious sentiments – in response to cases like the one recently committed by a comedian Lalahus (he showed an image of the Sacred Heart with a heifer Grand Prix in the chimes of TVE)— for also limit popular accusationsamong other measures.

The judge demands that Sánchez’s brother and the leader of PSOE Extremadura be found guilty.

He is doing so at a time when there are several trials caused by such accusations without the support of the prosecutor’s office, among them those involving the wife and brother of the president of the government. Begonha Gomez and David Sanchez, respectively. Likewise, reform implies an obligation prohibit complaints based on press clippingsas well as those which produced these causes, and abstention and impeachment of judges for statements of political content.

For this reason, Judge Chus del Barca believes that the proposal limits constitutional exercise popular action “to the impossible” Art the “not so perfect” moment “to leave the implementation of the criminal case in the hands of the prosecutor’s office.” And it goes on. He states that instead of restricting the practice of popular accusations, “it seems that what was intended seek impunity” some “specific citizens” who “marry very badly with their own equality of all citizens before the law.

With the AJFV, they refuse that the PSOE is coming back to go “The worst legislative methods imaginable” approve a reform that “does not have to be general, but rather gives the impression that it was conceived for its specific application in specific cases”, such as those affecting the environment of Pedro Sánchez.

Other lawyers, including progressives, have criticized the measure announced this Friday. One of them is the spokesperson for Judges for Democracy (JJpD), Edmundo Rodriguezwho thinks it’s “unreasonable” exclude political parties popular accusation or prevent this accused from participating in the investigation of a criminal case.

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