On November 26, the 5,500 judges in Spain are called to vote in the elections called by the General Council of the Judiciary (CGPJ) to form the Government Chambers of the 17 superior courts of justice, of the National Court and of Supreme Court.
Few changes are expected in Madrid, after five years with a preeminently conservative composition and after some decisions of political significance, such as the recent inadmissibility of the complaint of the President of the Government against Judge Peinadofor an alleged crime of prevarication for the investigation of his wife, Begoña Gómez.
Precisely this Tuesday the TSJM deliberated on the admission for processing of Begoña Gómez’s complaint against Peinado. Legal sources tell this newspaper that inadmissibility is expected given the fate of the Pedro Sanchezwhich was supported by the Prosecutor’s Office. In the case of Gómez, the Prosecutor’s Office requests his inadmissibility. The decision of the TSJ will be known in the coming days.
The organizational chart of Judiciary in Madrid it has a clear conservative biasaccording to the data of members of the judicial associations: the Professional Association of Magistracy (APM)of conservative tendency, is the majority among the members of the Government Chamber and the entire judicial career.
The Government Room of the TSJM —which is the management body of the court itself, a kind of autonomous CGPJ— is made up of ten members: six of them ex-officio, like the president of the TSJ itself, and another four, who are elected every five years by the census of the judges of Madrid.
In the last elections, in November 2019, the Professional Association of Magistrates (APM) won the elections to the Government Chamber of the TSJ of Madrid, in a call in which 55.85% of the census participated. The APM obtained 50.6% of the votes, while the joint candidacy of the Francisco de Vitoria Judicial Association (AJFV) and Independent Judicial Forum totaled 37.28% and the Association of Judges for Democracy12.12%. The latter is the only progressive association in the judicial career.
A magistrate challenged by ‘Gürtel’
The Madrid judicial leadership is made up of prominent members of the APM, such as the president, Celso Rodriguez; María Jesús del Barcosenior judge of Madrid and spokesperson for the APM; and Juan Pablo Gonzálezpresident of the Provincial Court of Madrida judge who was challenged by United Left to participate in the trial of various pieces of the Gürtel case, for his affinity to the PP. The Criminal Chamber of the National Court accepted the challenge.
That happened in February 2018. Six years later, just in February of this year, Judge Juan Pablo González participated in an act against the amnesty lawas revealed Public, publicly signaling himself as a detractor of the law of forgetting crimes related to processes Catalan.
Under the motto “Assault on Justice”, the former PP minister Jaime Mayor Oreja He called an event in Madrid to denigrate the amnesty law, in which Juan Pablo González, among other prominent jurists, participated.
Bastion against the law of ‘only yes means yes’
The Superior Court of Justice of Madrid has been characterized in recent years by making decisions that have been detrimental to the Government of Pedro Sánchez, both the previous one, in coalition with Unidas Podemos, and the current Executive.
The TSJM was one of the bastions against the paradigmatic law of only yes is yesthe law of comprehensive guarantee of sexual freedom, the norm that placed women’s consent in sexual relations at the center.
The Madrid courts were the first to begin to reduce sentences for sexual offenders, long before the Supreme Court marked the path to follow, which finally agreed with the judges who considered that the fifth transitional provision of the Penal Codewhich prevents a sentence from being reduced retroactively if it is also possible to impose it under the new law.
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