The plenary session of the Government Chamber of the Superior Court of Justice of the Basque Country (TSJPV) agreed to begin the second phase of implementation of a pilot project for trials in Basque, which would in principle have seven judges, who would have demonstrated his willingness to participate. A dozen magistrates showed interest in participating in this initiative but, taking into account the recommendations made in the study carried out, there are seven who initially counted on this project.
As reported by the TSJPV in a press release collected by Europa Press, the second phase begins after the plenary session of the governing body of judges has analyzed the study and the proposals presented by its Basque and Equality Commission for the implementation of a project aimed at conducting trials entirely in Basque (without the use of an interpreter) before the territorial courts and tribunals of Euskadi. The study includes, among other things, the actions undertaken for this purpose and proposes that this pilot project should not be implemented in the collegiate judicial bodies, unless in the same section all its components show the same disposition, nor in the criminal proceedings to be pursued. .by the court with jury.
The number of judges who have currently expressed interest in participating in this initiative is twelve (nine full judges, one trainee in reinforcement functions and two other substitute judges), but taking into account the recommendations made in the study, seven members of the judiciary are initially expected for this pilot project. The document analyzed in plenary also establishes limitations based on the fundamental right of the ordinary judge predetermined by law, so that in no case can the distribution rules be modified nor the willingness to hold oral hearings as a criterion in this regard . Basque.
The demands cannot therefore be distributed to judges interested in the project simply because some of the parties to the conflict have expressed their wish for the trial to take place in that language. Likewise, it specifies that the holding of the trial and the conduct of the trial in Basque will not prevent citizens (parties, witnesses and experts) who prefer it from choosing to testify in Spanish, benefiting from the intervention of the information service. interpretation.
In the second phase of this initiative, the Euskera and Equality Commission was tasked, with the seven judges initially available, with preparing the specific content of the pilot project in each of the judicial instances concerned. Furthermore, the plenary session of the Chamber of Government of the TSJPV agreed to transfer the proposals included in the study carried out by the commission to the objective plan of this body for the year 2025.
Among these proposals is that of maintaining an up-to-date list of judges who express their willingness to hold trials entirely in Basque. According to data from the General Council of the Judiciary (CGPJ), currently 45 judges have recognized knowledge of Basque as merit. In addition, it is proposed to give sufficient publicity to the project whose implementation “must be progressive and supported by a broad consensus in order to guarantee its effectiveness and acceptance by all the agents involved and by citizens in general”.
