The General Council of the Judiciary (CGPJ) will discuss in its plenary this Wednesday a report that supports some of the measures of government reform that proposes an integral change of oppositions to judge and fiscal, although it argues that other key aspects generate “doubts” about their “lack of suitability”. The document, to which Eldiario.es has had access, refers to the executive’s will to implement a public registry of judges who exercise opposition trainers, as well as the obligation to have to ask for authorization in all cases to exercise this activity.
At this point, the organ defines the preparation of oppositions such as “a moral/deontological obligation” and argues that, on many occasions, it obeys “generous purposes of collaboration and exchange of legal knowledge” despite the fact that it is a work for which each opponent charges between 200 and 300 euros per month. The opinion states that this activity is “a way to transfer knowledge and extensive professional experience in the exercise of jurisdiction to the new promotions that will integrate the judicial career” and that it does not always have “mercantilist purposes.”
The complexity of the preparation of these oppositions causes that, mostly, those who oppose them do not carry it out alone. The usual thing is to “prepare” with active judges and prosecutors who act as tutors during those years of study, guide and evaluate the candidates until they feel ready to present themselves to the exam.
In the current regime they should only ask for this authorization if this activity occupies more than 75 hours per year. In addition, nobody watches who does not request that permission. The draft plans to demand “in any case” the concession of compatibility by the CGPJ to the judges who prepare oppositions (also to those who teach talks or conferences). And imposes on the body the duty to launch a public registry of judges and magistrates who also act as opposition trainers.
The intention is to end the current black market for trainers, in which professionals charge up to 200 euros per month, usually in envelopes that do not go through the Treasury controls. The rate rises to 300 euros per month when the coach is on the highest steps of the courts. There are magistrates who prepare at the same time to a fortnight of students, according to an investigation by eldiario.es. The obligation to request compatibility and be part of the registration also connects with public scholarships – which also the reform blinds by law – and that they need to prove payments to the coach.
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