LA REGULACIÓN ESTATUTARIA DEL PODER JUDICIAL Y SU TRATAMIENTO EN LA STC 31/2010

• Main Authors: Miguel Ángel Cabellos Espiérrez, Manuel Gerpe Landín
• Format: Article
• Language: Catalan
• Published: Institut d'Estudis de l'Autogovern 2011-03-01
• Series: Revista d'Estudis Autonòmics i Federals
• Subjects: Judiciary; Administration of Justice; Statute of autonomy; General Council of the Spanish Judiciary (CGPJ); Councils of Justice
• Online Access: http://www10.gencat.cat/drep/binaris/_reaf12_Gerpe_Cabellos_tcm112-146928.pdf

The object of analysis for this article is the judgment carried out by the Constitutional Court in Ruling 31/2010 of the challenges to Section III of the Statute of Autonomy of Catalonia, in relation to the Judicial Power in the Community. After briefly identifying the lines of the argument of this appeal,as well as the response to it by the public prosecutor and the autonomous government and parliament, the theoretical bases on which the Courtwill base its decision are examined, analysing the debatable elements involved in those bases. This is followed by a consideration of the particular understanding that the Constitutional Court has of the relationship betweenthe Statutes and the Organic Law of Judiciary (LOPJ), on the basis of which it has declared a large number of the points being challenged to beconstitutional. It also shows how this understanding varies when articles related to the Council of Justice are indicted, some of which are declaredunconstitutional in a very curious manner.