Reynders led the “structured dialogue” that the European Commission launched on 31 January 2024 to ensure the renewal of the governing body of the judiciary, whose mandate has been extended since December 2013.
The agreement was finally signed in Brussels by the Minister of Justice, Félix Bolaños, and the Institutional Vice-Secretary of the PP, Esteban González Pons, on June 25.
In addition to the names of the CGPJ members, it included a legal reform to strengthen the independence of the CGPJ and a assignment to the new Council to propose a change in the system of election of members of the judiciary “in accordance with the best European standards”.
Reynders, who is finishing his last months at the European Commission, travelled to Madrid this Wednesday to take stock of the outcome of the CGPJ renewal process in which he served as intermediary.
He met with Minister Bolaños; with the president of the PP, Alberto Núñez Feijóo, and with Isabel Perelló, president of the CGPJ, an institution that has a deadline that expires on February 6 to send to Parliament and the Government the proposal for reform of the method of election of the 12 judicial members.
“We must respect the schedule. Before February 6th we must have this proposal on the participation of judges in the composition of the future CGPJ”, the commissioner stressed during a press conference.
Reynders stressed that “there are different ways to achieve this goal of having judges elected by their peers” and revealed that suggested to Perelló that the CGPJ propose “different options”“If you propose only one option, it will be difficult for political forces to say yes or no. But if you propose several, it will be possible to dialogue” and reach an agreement, he argued.
He said that changing the system for electing members who are to be judges is “a recommendation” that the European Commission has made in the annual reports on the rule of law, but that it is not mandatory. The competence in this matter “lies with Parliament and not with the Commission”, he recalled.
The “best standards”
Yes, he clarified that the “best European standards” mentioned in the agreement signed in Brussels consist of “the majority of the members of the Council being chosen by their peers” And “directly”that is to say without any intervention of political power.
“This is the best standard, but there are different systems. We are waiting for these proposals and options to see how it is possible to get closer to these standards,” he said.
Reynders explained that he told Perelló that “It is very important that the CGPJ proves that it can work completely independently”.
In this regard, he referred to the numerous appointments of Supreme Court judges that the new Council is expecting and stressed that “it is necessary that they be made with the best criteria of merit and capacity. This will be a good message to the judiciary and society.”
Asked about the amnesty lawThe Commissioner indicated that the European Commission’s “analysis” “continues” to “ensure that certain elements of European law and criminal law are not affected”.
But given that questions of unconstitutionality and prejudice have been raised, “we need to see the first reactions of the CJEU and the TC before acting.”
He also stressed that the Action Plan for Democracywhich he discussed with Minister Bolaños, is going in the “right direction.”
He said, however, that it was still “too early” to establish a position, for which he indicated that the European Commission would wait to hear concrete proposals.
