The Plenary of the General Council of the Judiciary (CGPJ) has agreed the expulsion from the judicial career of the head of the Court of First Instance number 5 of Tarragona, Manuel Arce, for a very serious lack of inattention in the fulfillment of judicial duties. According to sources from the CGPJ to Europa Press, the decision adopted has been approved with 14 votes in favor and seven against. The case was studied after months of analysis of the case by the promoter of the disciplinary action, Ricardo Conde.
The Supreme Court confirms the suspension that the CGPJ imposed on Judge Manuel Arce
The judge, who was already removed from the court when the investigation began at the proposal of the Disciplinary Commission, had an average of three sentences per month – the average per magistrate is usually 240 sentences a year – and accumulated a large number of cases without resolving.
Against the decision of the governing body of the judges, an appeal can be made to the Third Chamber of the Supreme Court (TS) and, according to the same sources, the judge already accumulated a dozen sanctions for the same reason. It is the first time in the mandate of the president of the CGPJ, Carlos Lesmes, that such a situation has arisen, and this is the most serious sanction that can be adopted against a magistrate.
The article of the Organic Law of the Judiciary on which this expulsion from the career is based is 417.9, which considers a very serious offense “the neglect or unjustified and repeated delay in the initiation, processing or resolution of processes and causes or in the exercise of any of the judicial powers “.
According to article 425 of the same law, the delegated examiner of the file can practice as many tests and actions as are necessary for the determination and verification of the facts and responsibilities liable to sanction, with the intervention of the Public Prosecutor’s Office and the interested party, who may use a lawyer from the beginning of the file.
After this phase, which can be extended for a maximum year, and in view of the evidence and actions carried out, the delegated examiner will formulate, if appropriate, a statement of charges, in which the contested facts will be presented with expression, where appropriate, of the offense allegedly committed and the penalties that may be applicable.