Tensions between the Ministry of Justice and the General Council of the Judiciary over the implementation of the lower courts: "The schedule we were given is not being met."

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Tensions between the Ministry of Justice and the General Council of the Judiciary over the implementation of the lower courts: "The schedule we were given is not being met."

Tensions between the Ministry of Justice and the General Council of the Judiciary over the implementation of the lower courts: "The schedule we were given is not being met."

The Secretary of State for Justice, Manuel Olmedo , second in command at the Ministry of Justice, has sent a letter to the president of the General Council of the Judiciary, Isabel Perelló , requesting information on the approval of four regulations related to the courts of first instance, that is, the bodies that have assumed the powers of single-judge courts in matters of civil jurisdiction, the investigation of criminal proceedings, or the prosecution of minor offenses.

The implementation of these courts of first instance is being carried out in three phases, with the last of these bodies, which will be the largest, coming into operation on December 31st, as provided for in the Organic Law on Measures for the Efficiency of the Public Justice Service .

In the letter, seen by EL MUNDO, the Secretary of State emphasizes that the judicial offices serving the lower courts "will be ready within the timeframe prescribed by the legislator. However, if the Council fails to fulfill its part, which is limited to the approval of the six regulations, the entire project could be seriously affected."

Olmedo explains that "it is necessary to know the current status of adaptation and approval of the six regulations under the jurisdiction of the General Council of the Judiciary , in order to ensure the effective implementation of the new model. The schedule sent to us by the body you preside over is apparently not being met."

Félix Bolaños ' deputy adds that the Council has "only" sent the Ministry the regulations for the judicial career and the regulations for filling positions through discretionary appointments in judicial bodies. "We have been notified of both drafts but are unaware of their current status," the Secretary of State states.

Likewise, Manuel Olmedo , the Justice Ministry's strongman on all technical issues promoted by the Ministry, emphasizes that "we know nothing about the other four regulations," referring to the regulations on the ancillary aspects of judicial proceedings, the regulations on the governing bodies of the courts, and the new regulations on the organization and operation of the CGPJ and the staff serving the governing body of the judges.

The Secretary of State requests information from Perelló on the status of the six regulations, the Council's forecasts regarding their final approval, and "any additional initiatives being considered in this area."

For her part, the president of the CGPJ and the Supreme Court created a working group last March to prepare for the deployment of the lower courts. Isabel Perelló deemed it appropriate to establish a working group to address the governance issues related to the creation and deployment of the lower courts, with the aim of anticipating, planning, and coordinating the CGPJ's response to any problems that might arise from the deployment of the lower courts in the judicial districts of each territory.

This working group is made up of the president and the members Alejandro Abascal , Lucía Avilés , José María Fernández Seijo , José Eduardo Martínez Mediavilla , Carlos Hugo Preciado and Esther Rojo .

The first thing the aforementioned group of judges did was draft two instructions related to the lower courts, which were approved last June. The first was an instruction on the coordination and operation of the lower courts, which provided judges with guidelines for action, and the second was an instruction on the exercise of management and inspection powers.

Sources from the judges' governing body explain that the regulations are not only related to the Organic Law that creates the lower courts, but that this is a "very large-scale" undertaking. They add that they are being worked on "intensively" and are at a very advanced stage of drafting. They also maintain that the Council's work pace is not dictated by the Government .

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