2.500 jueces llevan la reforma de la Justicia del Gobierno a Europa

Alrededor de la mitad de los jueces españoles han alertado por carta a la Unión Europea de la «situación de riesgo claro de violación grave del Estado de Derecho en España» con la reforma del Consejo de Poder Judicial del Gobierno de Pedro Sánchez. Los magistrados llegan a reclamar la intervención de España de no subsanarse la propuesta socialcomunista. una nueva muestra del talante democrático de los socialcomunistas.

La Justicia es pañola, alerta de los riesgos de la reforma deñCGPJ propuesta por el Gobierno socialcomunista español.

En una carta, remitida por las asociaciones judiciales Asociación Profesional de la Magistratura (APM), Asociación Francisco de Vitoria (AJFV) y Foro Judicial Independiente (FJI), que representan a más de 2.500 jueces, explican que «con enorme pesar», se ven obligados a recurrir a la Comisión Europea «para poner en su conocimiento nuestra inquietud ante el actual panorama que se cierne sobre la independencia judicial en España, aun sabiendo que sólo en contadas ocasiones la UE se pronuncia sobre asuntos de organización interna».

Riesgo para la separación de poderes

«Nos dirigimos a la Comisión Europea para poner de manifiesto el riesgo a que se ve sometido el Estado de Derecho en España a causa de la deriva legislativa por reformas de la Ley Orgánica del Poder Judicial (LOPJ) en trámite. La primera reforma, ya en vigor, prevé un «apagón» del Consejo General del Poder Judicial (CGPJ), al dejarle sin funciones de designación de cargos judiciales en la situación actual y hasta que sean renovados sus componentes (vocales). La segunda reforma prevista implica una rebaja de las mayorías exigidas en las Cámaras Legislativas para la designación de los vocales judiciales, de manera que los partidos de Gobierno por sí solos puedan decidir la íntegra composición del CGPJ», exponen.

Estas asociaciones explican que consideran que «está en juego la separación de poderes y la independencia judicial, que es el apoyo del Estado de Derecho, como garantía de respeto de los derechos humanos, inseparable de los valores de dignidad humana, libertad, democracia, igualdad, que son fundamentos de nuestra Unión Europea; y como parte de nuestro patrimonio espiritual y moral de la Unión Europea, fundada sobre dichos valores indivisibles y basada en los principios de la democracia y del Estado de Derecho (Carta de los derechos fundamentales de la Unión Europea)».

Politización de la Justicia

La APM, AJFV y FJI piden a la Comisión Europea que tome conocimiento de «las reformas legislativas sobre el apagón y desapoderamiento del CGPJ y su colonización por los partidos políticos, que comprometen los nombramientos de altos cargos judiciales, así como toda la actividad gubernativa sobre jueces (disciplinaria, promoción, formación,…), y con ello su independencia e imparcialidad». «Esta actuación pone en riesgo el Estado de Derecho, lo que constituye un riesgo claro de violación grave por parte de España de los valores contemplados en el artículo 2 del Tratado de la Unión Europea y por lo tanto, del propio Derecho de la Unión», aseguran.

Los jueces españoles recuerdan que la Comisión Europea, junto con otras instituciones del gigante europeo y sus estados miembros, es «responsable de garantizar el respeto del Estado de Derecho como valor fundamental de nuestra Unión y de velar por que se observen la legislación, los valores y los principios de la Unión Europea».

Medidas contundentes

Los togados proponen que, si los partidos políticos no abordan las reformas legislativas necesarias, se valore la procedencia de la aplicación del Reglamento 2020/2092 del Parlamento Europeo y del Consejo, de 16 de diciembre de 2020, sobre la posible condicionalidad de acceso a las ayudas de la Unión al respeto previo a la separación de poderes.

Por último, los miembros de la magistratura piden que «de no subsanarse la situación denunciada» se inicie el procedimiento previsto en el Tratado de la Unión Europea ante la constatación de «riesgo claro de violación grave por parte del Reino de España, como Estado miembro, de los valores contemplados en el artículo 2 y del Estado de Derecho».

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