The proposed report on the draft organic law on equal representation of women and men in decision-making bodies, which will be studied by the General Council of the Judiciary (CGPJ) in its plenary session on Thursday, has warned that it is “impossible” to implement it the way Members are elected, thereby applying predictable criteria in bodies such as the Constitutional Court (TC) or the Fiscal Council.
Member Pilar Sepúlveda’s draft, which Europa Press had access to, indicates that the legal reform seeks to “guarantee a balanced representation in constitutional bodies and constitutional relevance, although this is verified, as we will see, as an impossibility”. in the act, well as to the number of members that should be chosen for the composition of the particular body, either by way of selection, to be regulated in the criteria it intends to reform”.
In particular, it warns that “it doesn’t seem like a viable mechanism” with regard to the TC, composed of 12 magistrates appointed by the king: four on the proposal of the Deputies Congress, the other four on the proposal of the Senate, two The other two were also renewed by the third, on the proposal of the government and on the proposal of the CGPJ.
Members point out that, “Given the number of members that each of the designated bodies can propose, it would seem more appropriate to resort to a different percentage proposed as a concept of the principle of balanced presence relative to at least 40″. % of each gender, which cannot be done in practice”. For this reason, he suggests that you focus on 50% of each gender.
It also refers to the Financial Council, explaining that, as it is composed of ex-officio members—State Attorney Generals, Deputy Prosecutors and Inspector Prosecutors of the Supreme Court—, whose membership is given by virtue of position, and elected members, For those who vote for the fiscal race, equality can be claimed only with respect to the latter.
However, it states that “it is not understandable how the pre-legislator intends to achieve a presence of at least 40% of the two sexes in the composition of the elected members”, noting that they are “individual , are selected by the same”. , overt and covert.
“This means that no matter how the candidatures are composed, a balanced appearance cannot be guaranteed, since each voter will be able to choose, if he so considers it, members of different candidates, and in number they consider suitable, one up to a maximum of six”, details.
However, it concluded that “the nature of the vote cast by the electorate and the electoral system that governs the election of elected members make it impossible to demand that the composition of the Fiscal Council necessarily accommodate the principle of balanced attendance”. is. reform”.
It also analyzes the Council of State, where it observes the same problem with ex-officio members, who “do not at all affect this principle of logically balanced presence”, because their permanence in the consultative body “is based on their mandate”. Extends the term of “the institutions for which they hold office as directors”.