The unfinished reform: the General Council of the Judiciary before its umpteenth reformulation

Authors

  • Miguel Ángel Cabellos Espiérrez Universidad de Girona

DOI:

https://doi.org/10.18042/cepc/redc.118.01

Keywords:

General Council of the Judiciary, Organic Law of the Judiciary, Judiciary government.

Abstract

Despite the time elapsed since its creation, the CGPJ has not yet been able to fully endow itself with a stable physiognomy. The successive legislative changes, together with its traditional problems of operation, make it an organ in constant evolution, without the causes that have motivated the criticisms that it has traditionally received have been addressed by the legislator rather than in a fragmentary way. The last chapter in its path of constant change is the reform of the LOPJ that at the end of 2018 modified a series of relevant issues related to the Council, of which the present work wants to analyze two, regarding the appointment of high judicial positions and the configuration of the structure of the Council and the dedication of its members. The reform can be assessed in a globally positive way in these aspects, but it is necessary to act on a capital problem: the way of appointing the members of judicial origin, an omission that causes the reform to be considered unfinished, as another piece in a task of organ remodeling that seems already permanent.

Published

2020-04-27

Issue

Section

STUDIES