The General Council of Justice (CGPJ) escalated this Wednesday the dispute with the Ministry of Justice over the reinforcement measures requested by the judges’ panel and rejected for economic reasons by the department headed by Pilar Llop. The Council’s Permanent Commission has agreed to reapply the 49 rejected measures out of a total of 146 requested measures “given the urgency and necessity” of those measures. The reinforcements rejected by the government were destined for courts, provincial courts and high courts in different parts of Spain and are on the verge of collapse, according to the CGPJ. According to the CGPJ, the acceptance was due to a positive report from the inspection service.
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In the agreement adopted this Wednesday, the Council recalls that the organic law of the judiciary establishes in article 216 bis.5 that “the approval of any support measure by the General Council of the Judiciary requires the prior consent of the Ministry of Justice” which only for reasons of availability of budget appropriations may object, within the framework established by the protocol which they will both sign each year, in order to plan measures of this type that may be adopted.” The Standing Commission has also agreed to request the Department of Justice to to justify the reasons that led it to financially approve some reinforcement measures and reject others, and to report on the budget items that it must fulfill by the end of the reinforcement measures this year.
The Council maintains that approving the rejected reinforcement measures was an “objective necessity”, which is why the Standing Commission (the main decision-making body outside the plenary) asked the Ministry to reconsider its decision “to ensure an adequate and effective exercise of the judicial function in the relevant judicial authorities”. According to the panel of judges, these measures are necessary in order to avoid “serious damage” in the public service of the judiciary.
Among the measures rejected by the judiciary are the requested reinforcements for the Disputes and Administrative Chamber of the National Court and the Social Chamber of the TSJ of the Canary Islands and Castile-La Mancha. The plans for the provincial courts of Granada, Malaga, Salamanca, Albacete, A Coruña, Valencia, Guadalajara, Álava, Gipuzkoa and Barcelona were not approved, in addition to about twenty reinforcements at courts in as many municipalities.
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