Democracy, Rule of Law and judicial independence in Spain: an Analysis from a European perspective
Abstract
The election system of the judicial members of the General Council of the Judiciary is a conflictive element that threatens the independence of said power. This system has deserved the severe disapproval of both the Group of States against Corruption, located in the Council of Europe, and the European Commission. The recent responses articulated by our legal system to overcome the prolonged situation of institutional interim in which the Council finds itself have brought with them an equally negative assessment by the aforementioned supranational bodies. This work analyzes the pathologies that the aforementioned regulatory framework suffers from, confronting it with the scrutiny carried out from Europe and, likewise, highlights the existing mismatch in relation to the standards coined in terms of guaranteeing judicial independence.
Received: 11.06.2022
Accepted: 14.06.2022
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Last update: 08/02/2022
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