The Government does not expect any questioning from the EU about the reform proposal of the General Council of the Judiciary (CGPJ) presented by the PSOE and United We Can in Congress, according to sources of the Executive.
Sources have pointed out that the reform has been presented in accordance with the law and the procedures in forceSo it is not an issue that is going to generate European debate.
He government does not harbor any concern about the vision of the European institutions regarding the rule of law in Spain and they wield, precisely, the report that the European Commission presented on September 30, with a good assessment in the Spanish case.
It is more, since then, The Executive insists that this report highlighted the need to renew the CGPJ, which has been in operation since 2018. The refusal of the PP to appoint new members of the institution is the reason that the Government alleges to change the law and allow the members of judicial origin to be elected by absolute majority of the Chamber if it is not possible to reach three fifths.
This European report is, therefore, prior to the reform proposal. The text in question mentions the situation of the CGPJ as a “challenge”, precisely because it is pending renewal. Of course, it is also referred to the Council of Europe, which has made it clear that these facts confirm the importance of ensuring that the Council is not perceived as vulnerable to politicization.
To produce that report, the Community Executive counted on the contributions sent by the Spanish Government last April, some contributions in which he mentioned the requirement of a three-fifths majority as one of the guarantees of the independence of the CGPJ – along with others such as the five-year mandate, while the term lasts four.
“This requirement of a qualified majority of three fifths guarantees”, says the report sent by the Government, “the convergence of diverse political forces, and avoids the formation of a CGPJ that responds to a concrete and conjunctural parliamentary majority, reinforcing their independence from political power “.
The reform registered by PSOE and Unidas Podemos foresees that, if the majority of three fifths is not reached, theThe 12 members from the judicial career may be elected by an absolute majority – six in Congress and six in the Senate–.
Instead, the other eight members, who are chosen from among “jurists of recognized prestige”, will continue to be appointed by a three-fifths majority -four for each Chamber- because that is what the Constitution establishes.
No link with European funds
On the other hand, the sources consulted this Wednesday have completely disassociated the CGPJ reform proposal of the discussions taking place in Brussels on how to link payments from the European Fund of Recovery to respect the rule of law.
The clause is designed with an eye toward Hungary and Poland, which seek to de-tie aid from this requirement. At the other extreme, the Nordic countries, Benelux and the European Parliament want stricter supervision of which the German Presidency of the EU has proposed and has the endorsement of the governments.
This proposal, which is already being negotiated with Parliament, focuses on checking for flagrant violations in the use and administration of European funds, while Parliament wants to be more ambitious and monitor respect for European values.
Spain supports the German proposal because it believes that it is necessary to find an agreement that unlocks the entry into force of an aid package that is key for Spain and at the same time a milestone in European construction.