The current judicial discipline system is controlled
by the Consejo de Poder Judicial
who are responsible for investigating reports of judicial
misconduct, and sanctioning it. However, in practice there are
limits to what they can sanction. Because they are not allowed to
interfere with Judicial
Independence, they are unable to sanction anything which
relates to judicial resolutions, even resolutions which are
patently illegal and unjust. Also, they don't seem to take
much interest in a case unless the press is also interested.
The current judicial discipline system also depends on the Sala
de Civil y Penal de TSJC (o TSJC)
to investigate and punish judges who break the law (all criminal
complaints against judges go to this court). In practice, the Sala
de Civil y Penal is composed of judges from the appeals courts and
don't have much interest in punishing their co-workers. Also, this
forms a small disagreeable part of their work, so they don't do it
except with outside pressure, like from the press.
The problem is that we OUGHT NOT DEPEND ON OUTSIDE INFLUENCE
to have justice in Catalonia! We live in a democratic state and
everybody has to obey the laws, INCLUDING THE JUDGES. This
concept doesn't affect the principle of judicial
independence one bit.
Solutions? There are several possibilities:
In other countries, they replace the judges at the appeals
court level every so often through elections. Basically the
citizens vote for the judges that they want. This eliminates many
forms of corruption and forces the judges to obey the law through
the fear that they might not get re-elected next time if they act
incorrectly. But this system is very different than the current
system, so probably it wouldn't be feasible in Catalonia.
In other countries, they investigate the judicial
misconduct by using organizations independent of the judges, for
example by the Colegio de Abogados or a special comision. But
this system is very different than the current system, so
probably it wouldn't be feasible in Catalonia.
One thing which might work within the current system is to
process all the criminal complaints and recusations with a jury,
and the jury would also decide on the evidence proposed. In
theory, the jury wouldn't have any interest in the outcome, and
therefore could produce a just result.
Or, let the Parliament study the problem and put a
workable system in place. That's what their job is anyway.