Barely a day after postponing its decision on the complaints filed against judge Juan Carlos Peinado, the General Council of the Judiciary (CGPJ) has approved a reform of its internal regulations that modifies the system for filing disciplinary complaints against judges and magistrates. The new model limits this possibility to those directly linked to the judicial procedure and prevents individuals or associations unrelated to the process from activating this mechanism.
The modification, which now must be reported by judicial associations before completing its processing, also establishes that anonymous complaints will not be admitted and allows outright rejection of those that are disrespectful or that seek to review the content of judicial resolutions.
The reform of the regulations has not been without discrepancies within the Council itself. Members Inés Herreros and Esther Erice issued a dissenting vote considering that the new model conflicts with the Organic Law of the Judiciary, by restricting the possibility for third parties to report possible irregularities. According to both, preventing people unrelated to a procedure from filing complaints projects a "corporate" and "opaque" image of the Judiciary by reducing external control mechanisms over the actions of judges and magistrates.
The coincidence with the Peinado case
The reform comes while the governing body of judges maintains pending its pronouncement on several complaints filed against magistrate Juan Carlos Peinado, instructor of the case opened against Begoña Gómez. The Permanent Commission decided this Monday to postpone its decision for a week on the archiving of these files, despite the Disciplinary Action Promoter having proposed closing them.
Among the complaints is one filed by the Minister of Interior, Fernando Grande-Marlaska, after the magistrate suggested in one of his orders that the agents in charge of the protection of the wife of the President of the Government could facilitate an eventual escape. This statement led the head of Interior to convey an "energetic complaint" to the CGPJ considering that it questioned the professionalism of the State Security Forces and Corps.
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