The judicial reforms must proceed through prior consultation with the parties involved, the EC believes

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The European Commission is following the situation in the Spanish state “very closely” following the decision of the Constitutional Court to suspend the processing in the Senate of the reform approved in Congress, which would represent an innovation of its own, in addition to that of the CGPJ.

The European Commission thinks so reforms of the judicial systems in the Member States must always go on prior consultation with stakeholders, including the judiciary, and expects the Spanish state to comply with European standards. So, according to what Community Justice spokesman Christian Wigand said at a press conference, the community executive is following the situation “very closely” and is aware of the decision of the Constitutional Court to allow the processing of the reform in the Senate, approved in Congress, which would mean its own renewal alongside that of the General Council for the Judiciary.

In this context, Wigand has avoided a substantive assessment of the reform, as Brussels does not comment on legislative proposals until they are finally adopted into law, but pointed out that community services expect “national authorities and all national actors to act according to national rules and procedures”.

Community sources add that, in the eyes of the Community executive, “we have always maintained the importance of consultation of relevant stakeholders when it comes to reforms of the judicial systems in the Member States, including , where applicable, the judiciary and judicial councils.

The sources thus refer to European standards, which advocate that, before any major judicial reform is proposed, there is “preliminary” consultationwith actors such as the CGPJ, prosecutors and judges, or the Council of Europe, through the Venice Commission.

In the case of the Spanish state, the sources add, it is for the Constitutional Court to rule on any “doubts or complaints” regarding the way the reform process is being carried out, and for the national authorities to meet established standards.

Last week, the Community Executive pointed out that it will examine reforms in the Spanish state as part of its annual review of the rule of law in all member states; is an analysis of democratic health in each country, usually published at the beginning of the summer.

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Source: EITB

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