The Plenary of Congress voted against it this Tuesday, with the support of PSOE, Sumar and their usual allies, the legislative reform registered by the PP that proposed that it be the General Council of the Judiciary (CGPJ), and not the Executive, who would appoint the judges representing Spain in the European Court of Human Rights and other international bodies.
In its bill, the popular party pointed out that the mandate of the current Spanish magistrate of the European Court of Human Rights (ECHR), María Elósegui, concludes this year. For her replacement, the Ministry of Justice has prepared a shortlist of candidates and the final choice will fall to a selection committee chaired by the Ministry of Foreign Affairs and made up of senior government officials.
According to the PP, it was necessary to modify the appointment system for candidates that Spain sends to these international courts, so that the choice did not depend on the Government, but rather on the Judiciary itself through the CGPJ, "thus avoiding the interference of the Executive Branch, guaranteeing the necessary and inalienable independence of both the body making the proposal and the candidates themselves, which is thus protected".
The proposal, disseminated by Europa Press, sought to amend the Organic Law of the Judiciary by introducing a new paragraph in section 1 of article 560, which sets out the powers of the General Council of the Judiciary.
Powers in the ECHR, CJEU and ICC
In particular, the text granted the CGPJ the power to appoint "candidates for judges and advocates general of the Court of Justice of the European Union (CJEU) and the General Court of the European Union, of the European Court of Human Rights (ECHR), of representatives to the Consultative Council of European Judges and to the Consultative Council of European Prosecutors, as well as to the International Criminal Court (ICC), the International Court of Justice and any other court or body of a jurisdictional or similar nature, whose decisions are binding in Spain".
Furthermore, the PP stipulated that the selection procedure by the CGPJ must adhere to the principles of publicity, transparency, equality, merit, and capacity already provided for in current regulations.