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EL ÓRGANO DE GOBIERNO DE LOS JUECES ATRAPADO EN EL TIEMPO. EL CGPJ HIPER REFORMADO, HIPER PRORROGADO Y, AHORA EN FUNCIONES, PERDIENDO Y RECUPERANDO COMPETENCIAS.

Authors :
RIVEIRA, ROSA M. ª. FERNÁNDEZ
Source :
Teoria y Realidad Constitucional. 2022, Vol. 2022 Issue 50, p351-397. 47p.
Publication Year :
2022

Abstract

This paper analyses the evolution and wear and tear of the General Council of the Judiciary of the Spanish State, especially as a result of the deadlock in its renewal for more than three years. To do so, it is based on the theory of the constitutional body and claims it as an unquestionable standard for the study of our model. It presents the richness and complexity of the «state of the art» of our CGPJ and its many models that have emerged in a hyper-reformist panorama. And from here, especially under the latest reform of 2021 that regulates the «acting council», the work focuses on three of the various problems that the council has been suffering, namely: the development of its competence in discretionary appointments, the misunderstanding of its nature as an accountable body (hence the poverty of such tools designed for accountability) and, finally, it reflects on the blockage of renewal and its «fraudulent» regulation. The paper concludes with a look at Europe and the soft law documents on judicial councils in the 21st century. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
11395583
Volume :
2022
Issue :
50
Database :
Academic Search Index
Journal :
Teoria y Realidad Constitucional
Publication Type :
Academic Journal
Accession number :
161238837
Full Text :
https://doi.org/10.5944/trc.50.2022.36377