The CGPJ unanimously urges Congress and Senate to “refrain” from summoning judges to lawfare commissions | EUROtoday

Judges and magistrates “may not reveal facts or circumstances of which they have knowledge due to their professional practice.”

• Politics The judges warn Congress: it can not “even admit to summoning” the lawfare commissions
• Courts The president of the CGPJ cries out in opposition to the singling out of the judges: “Please leave us alone”

The Plenary General Council of the Judiciary has authorized this Thursday an settlement requesting the Congress and the Senate to “refrain from summoning judges and magistrates to testify before the investigation commissions about facts that they have learned about in the actions that are the object of their activity.” jurisdictional”.

The agreement has been supported by both the members of the conservative sector of the Council and by the councilors with progressive sensibilities. Unanimously, the Plenary Session of the Council has agreed that judges and magistrates “could not reveal in writing, or in every other method, info or circumstances of which they’ve grow to be conscious by motive of their skilled observe.”

Likewise, the members have approved that “the judges and magistrates who, regardless of the above, have been summoned to a fee of investigation should instantly inform the Permanent Commission of the General Council of the Judiciary, sending a duplicate of the summons obtained.”

Likewise, the governing body of the judges provides that the Permanent Commission will “deny” the authorization of service commissions for judges and magistrates to appear to testify before the aforementioned investigation commissions about facts of which they have or have had knowledge with occasion of their jurisdictional activity.

Guarantee independence

In the text, the Plenary shows its “absolute respect for the autonomy of the Chambers that kind the General cuts in order that they create as many investigative commissions as they deem below the safety of article 76 of the Constitution to be able to make clear the occasions that occurred on the issues which can be the topic of the identical with the aim of demanding, the place acceptable, the suitable governmental political accountability.”

On the other hand, the Council insists that “with the identical readability and firmness that respects parliamentary autonomy, the General Council of the Judiciary should assure judicial independence always and below any circumstances. For this motive and by the crucial of article 76 itself of the Constitution, together with article 117 CE and articles 396 and 399 of the Organic Law of the Judicial Power (LOPJ), it have to be famous that these parliamentary commissions lack the powers to name testimonies earlier than them and examine judges and magistrates on issues that they know or have recognized of their work of judging and imposing what’s judged.