Miscarriages of Justice in Catalonia

MISCARRIAGES OF JUSTICE IN CATALONIA
JUDICIAL DISCIPLINE

Miscarriages of Justice in Catalonia

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:

  1. 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.

  2. 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.

  3. 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.

  4. Or, let the Parliament study the problem and put a workable system in place. That's what their job is anyway.


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