Madrid
12/07/2023 a las 08:14
CEST
The Government that leaves the polls will also have the challenge of delivering the investigation of the cases to the prosecutors
Justice is usually great forgotten of the governments; probably because no one expects to get votes from a public service that is only used when there is no other choice. to that belief in that no one will change the meaning of their ballot because they have to wait years for a trial to be held because they have not invested enough in the courts, now the consecutive strikes that they are experiencing due to the claim of remuneration improvements.
Hence, the first challenge of the Government that comes out of the polls on 23-J will be appease justice, where strikes have taken place since January, first by the lawyers of the Administration of Justice (LAJs) and after the judicial officials, who still continue with their mobilizations. And in between, the threat of judges and prosecutors, careers that stopped the strike by starting, just before the electoral advance, a promise of rise equivalent to that of the former judicial secretaries.
To offset other challenges, such as the one the judicial response to the ‘procés’, have practically disappeared. The effects of the application of the repeal of sedition and the reform of embezzlement have already been seen, and the fled, with ethe former Catalan president Carlos Puigdemont in the lead, unless they return to Catalonia and cause their arrest, as Clara Ponsatí did, they arouse little expectation. In the Supreme Court, in addition to the procedure that awaits them, only the decision adopted by the Third Chamber on the pardons of those convicted of embezzlement is pending.
tax instruction
Although the true challenge of any Minister of Justice will be to put into practice the procedural change that delivers the instruction to the prosecutors, as occurs in the countries around us. from the socialist Francisco Caamanogoing through the popular Alberto Ruiz-Gallardonuntil reaching Juan Carlos Field, all the ministers have begun to process projects in this sense, which ended up declining due to lack of time and the mistrust aroused by the hierarchical performance of the public ministry. The election of Dolores Delgado, head of the prosecution directly from the Ministry of Justice, made impossible any serious attempt to undertake this task with the last government of Pedro Sánchez.
Another of the challenges that the next Government will face will be the renewal of the General Council of the Judiciary, whose members concluded their mandate in December 2018. This means that the composition of the governing body of judges responds to a parliamentary reality prior to the Government of Pedro Sánchez.
Whether the PP or the PSOE govern after 23-J, according to the current law a parliamentary agreement between the two parties is required, which has been impossible to achieve during the entire legislature mainly due to the position taken by those of Núñez Feijóo. From the presence of Podemos in the Government to the reform of sedition, the popular ones have used a whole catalog of excuses to justify the blockade of renewal and defend a new model in which judges choose judges, which would require a in-depth reform of the organic law that regulates the process.
The situation has earned continuous reproach from the European Commission and the Council of Europe -through the Group of States against Corruption (GRECO)-; the last one just a few weeks ago by the European Court of Human Rights, when estimating the violation of rights suffered by six of the aspiring members, which places the Spanish Government in an embarrassing position as it coincides with the Spanish Presidency of the EU.
TC pending
The activity of the Constitutional Court will also be key during the next legislature, largely due to the fact that its magistrates have on the table a large part of the PP and Vox strategy for what they call “repealing Sanchismo”, that is, for revert the policies of the current Executive by appeal. Among the issues already admitted for processing and pending judgment are the labor reform, taxes on large fortunes, the new abortion law or the trans law.
This strategy could have a short run, seeing how the TC has acted since Cándido Conde-Pumpido acceded to its Presidency. Its progressive majority has dismissed various appeals, such as those filed against the previous abortion law, but also against more recent laws such as euthanasia or Celaá law. The tonic will remain the same, which will force the popular to opt for repeals if they enter the government.
Another of the duties on the table for the new government will be modernization laws of justice designed by the Prime Minister of Justice elected by Sánchez, Juan Carlos Campo, today in the Constitutional Court. The tthree efficiency projects -organizational, procedural and digital– They fell due to early elections and, in principle, could recover since they did not provoke criticism among the opposition.
2023-07-12 06:43:26
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