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La desconcentración del gobierno del Poder Judicial en el Estado autonómico y los consejos de justicia como posible vía: oportunidades y problemas.

Authors :
Cabellos Espiérrez, Miguel Ángel
Source :
Revista d'Estudis Autonòmics i Federals. jun2022, Issue 35, p21-51. 31p.
Publication Year :
2022

Abstract

The article reviews the possibilities of deconcentrating the functions of governance of the Judiciary carried out by the CGPJ, thus bringing its activity closer to the State model. To this end, it begins by examining the traditional confusion between decentralisation and deconcentration of the governance of the Judiciary. It then discusses how, during the drafting of the Catalan Statute, the introduction of the councils of justice was being processed in the Spanish Parliament, and why that attempt was not successful, which had a direct impact on what would later occur with the statutory regulation of the Council of Justice in STC 31/2010, a ruling whose weak argumentation in this matter is also the subject of review. Nevertheless, the TC having established the possibility of the LOPJ providing for the Councils, the paper goes on to discuss how this would have to be implemented, arguing why it would first be necessary to address other problems of the CGPJ, such as the appointment of its members of judicial origin or the system of discretionary appointments of senior officials, in order for the introduction of the councils to be not only advisable but also realistic. The paper concludes by offering guidelines on how to implement the regulation of the councils in the LOPJ. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
18862632
Issue :
35
Database :
Academic Search Index
Journal :
Revista d'Estudis Autonòmics i Federals
Publication Type :
Academic Journal
Accession number :
159149361
Full Text :
https://doi.org/10.2436/20.8080.01.81