A judge in office in Las Palmas de Gran Canaria could be appointed this Wednesday by the Permanent Commission of the General Council of the Judiciary (CGPJ) as new president of commercial court number 2 of this same judicial district without fulfilling the legal conditions required for a judicial body which requires a specialization that the applicant does not possess.
This is what is stated in a challenge filed before the governing body of judges by the Association of European Jurists Prolege, based in Madrid, which understands that in this case article 329 of the Organic Law of the Judiciary is violated. This article requires aspiring judges to complete a regulated prior training process, two exercises, one theoretical and one practical, as well as a seven-week theoretical and practical course at the Judicial School.
As published by the CGPJ in the Official State Gazette (BOE) on October 18, the only candidate for the head of Mercantil 2 of Las Palmas de Gran Canaria is Judge José Ramón García Aragón, currently president of the Court of First instance 7 of the same judicial party who does not have the regulated training required by law.
This appointment aroused surprise in the forum given that Mercantil 2, left vacant, has for barely a month been in the hands of a substitute judge, Carlos Vielba, assigned to the Provincial Court of Las Palmas, so he The rush to occupy the starting position is understandable. But this arouses even more perplexity, and this is also reflected in the challenge of Prolege, not to wait for a judge assigned to the court of San Bartolomé de Tirajana, Matías Martínez Gómez, who is currently undergoing the relevant training of the General Council of the judiciary, can access this position with all the requirements to his credit. His name appears in the BOE with that of a dozen judges and magistrates currently in training to access the commercial courts throughout Spain.
Prolegue’s challenge says that “it makes no sense to definitively assign ownership of the Commercial Court, square number 2 of Las Palmas, to a person who does not meet the conditions considered optimal and necessary for natural access said post, like D. José Ramón. García Aragón instead of delaying its attribution a little, with the imminent arrival on the market of new specialists with better rights and qualifications for their attribution, who will see their qualifications and efforts poorly executed by carrying out different functions generic to those for whom they have studied and proven their worth.
And the challenge, signed by ICAM lawyer, Carolina Mata de la Torre, recalls that “the Commercial Courts were created to place certain cases which required it in the hands of specific and highly qualified judicial bodies, the extracting for such reasons from the saturated general. district courts, throughout the promulgation of Organic Law 8/2003 of July 9 for the reform of bankruptcy, which entered into force on 01/09/2004. »
