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A professor at the University of Murcia says the politicization of justice in Spain makes it impossible for the rule of law (01/07/2015)

Professor of Administrative Law at the University of Murcia Antonio Martinez Marin believes that the politicization of justice in Spain is so serious that "impossible to defend the existence of the rule of law, proclaimed in the Constitution."

This is reflected in his recent appearance on analyzing, in particular, the "regulations, case law and legal principles of the independence of the General Council of the Judiciary (CGPJ) deviations".

"The judiciary has been diverted from its decisive note: the independence, the 'hit' parliamentary constitutional principle that the PSOE dealt so as unexpected as conscious in 1985, has caused direct and indirect effects so many."

One of them says Professor Martinez Marin, "was the institutional weakness of the legislature to the executive, subject it to the will of the latter, CGPJ reforms have proved sterile legislative and repeated occurrences of parliamentary majorities shift ".

Also says that "the numerous appointments of senior officials of the Administration of Justice have been made with the expected discretionary, bordering on self-designation criteria in which the political connection candidate has chaired the nominative resolution".

Another effect of what he calls "constitutional deviation" is the perception of the company itself politicization of justice.

The volume presents a series of reformist proposals, among which is that of the members of legal origin of the CGPJ to be elected by the judges and magistrates, "in which each of them enjoys the right to vote and stand in equal footing ".

"The voting privileges of the judicial associations said Martinez Marin, must be abolished in favor of equal opportunities for access to office voice of non associate members, who still account for 50 percent of the judiciary".

As for candidates for members of extrajudicial assignment, considered to be proposed by the legislative chambers half by the bar associations from their members and universities among professors of law.

"Elected must appear and submit to interrogation by the Commissions of Justice of the respective chambers, which, resulting report will raise this list at their respective full, so it would comply with the Constitution," he says.

Source: Universidad de Murcia

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