The possible appointment of the magistrate José Ramón Garcia Aragón As president of the Commercial Court number 2 of Las Palmas de Gran Canaria, he generated controversy in the judicial field for allegedly failing to comply with the requirements established in the Organic Law of the Judiciary (LOPJ).
García Aragón, current president of the Court of First Instance number 7 of Las Palmas, would access this position without having the specialization in commercial matters that the law establishes as a preferential condition for these appointments, as provided for in article 329.4 of the LOPJ.
The situation is particularly controversial given that on September 24, the Official State Gazette published the final list of 12 candidates admitted to carry out the specialization in commercial matters, among which is Judge Matías Martínez Gómez, who currently practices in the same domain. at the Court of First Instance number 5 of San Bartolomé de Tirajana.
“García Aragón does not meet the requirements of aptitude nor specific commercial training, which the Commercial Courts are in addition for a commercial specialty, so he needs the Organic Law of the Judicial Power, which provides for a series of requirements and of course. and specific training for magistrates who will access these positions. And this man apparently did not respect them,” judicial sources consulted told OKDIARIO.
The commercial courts, created in 2003 and in operation since September 2004, require by law that their holders undergo rigorous training including theoretical and practical exercises, in addition to a specific seven-week course at the Council’s judicial school General of the Judicial Power (CGPJ).
The position in question has currently been occupied by a substitute judge for only a month, which, according to judicial sources, would not justify the urgency of the appointment, especially given the imminent availability of new specialized judges.
The process has led to questions about the effectiveness of the management of public resources, as well as the possible disadvantage for magistrates who have invested time and effort to obtain the specialization required for these positions. The decision could particularly affect new specialist judges who are about to complete their specific training in commercial matters.
The controversy has reached the Judicial Ethics Commission, where Ignacio Sancho Gargallo, member of said commission since July 2024, is expected to give explanations on this appointment which has raised concerns in the judicial field.
