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Venice Commission Says Government’s CGPJ Plan Falls Short, Favors Peer Election With Safeguards

Spain’s Justice Ministry signals it will keep defending parliamentary control of the final vote despite the advisory opinion.

Overview

  • The Council of Europe’s advisory body concluded that leaving the final choice of the 12 judicial members to Parliament acts as a political filter and does not meet European standards.
  • While not formally endorsing either model sent by the CGPJ, the opinion is more favorable to judges electing judges provided specific safeguards are added.
  • Recommended measures include lowering endorsement thresholds, ensuring representation across court levels, genders and regions, and opening realistic paths for non‑associated judges to stand.
  • The Commission also warned of the risk of internal politicization if judicial associations dominate nominations and campaigns.
  • Spain’s Government says it will continue to defend the current system with a final vote by the Cortes, and the Commission’s final text is expected to be published on Monday.