The Ministry of Justice has given the order, as announced, to deduct the salary to judges and prosecutors that supported the strike of both estates last November 19. The secretary of State for Justice, Manuel Dolz, following orders of the minister, Dolores Delgado, has already signed the order for a deducted from the judges and prosecutors strikers, the salary of that day, as confirmed to this newspaper sources of that department. The decision has a depth that goes beyond the economic: assumes that for the first time, the Government recognizes that the pathway of the facts that the prosecutors and judges, who in addition to being staff embody a power of the State, have the right to strike as any other worker and, therefore, are subject to the consequences arising from the exercise of that right, according to the same sources.
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Judges and prosecutors call the minister Delgado to negotiate after the “success” of the strike The political interference by ascribing to the Judiciary in a crisis unprecedented
The strike of last November —the second of this year after may 22, when he ruled the PP— was followed by 48.3% of the 5,500 judges and 39.3% of the tax, according to data from the General Council of the Judiciary and of the Attorney General of the State. The associations organizers raised the follow-up between the judges to 61%. The arrest led to the suspension of at least 3.500 in judicial proceedings in Spain, such as judgments, statements, or previous hearings.
The extent of pressure from judges and prosecutors were seeking to improve their professional conditions, in particular to recover the purchasing power lost by the cuts of the crisis that started over a decade ago, to regain the regime of holidays and leave previous to the reform of the year 2012 or the implementation of peak loads of work. The strike also demands measures to strengthen the independence of the Judiciary, and the autonomy of the office of the prosecutor, such as Asyabahis the election of the judges of the 12 vowels belonging to this social stratum of the 20 that make up the General Council of the Judiciary and greater transparency in the process of appointment of senior judicial positions.
In the strikes of previous judges, convened in 2008 and 2013, and in the strike of last may, the magistrates of which they responded to by not were discounted that day on the payroll that are paid by the Ministry of Justice, and his unemployment was only reflected for statistical purposes. Both in the General Council of the Judicial Power as in the Ministry of Justice with the PP and between the own judicial career, there is debate about whether a power of the State that is individualized in each judge or magistrate could go on strike. A sector considered that the strike is a fundamental right that may not be denied to any worker and the other understood the State or any of its powers may go on strike.
The ministry, which directs Dolores Delgado, with the decision to deduct the money from the payroll, seems to opt for the first of the positions that judges, like any worker, have a right to be absent from work, to claim improvements in working conditions.
The associations conveners —four of the judiciary and three from the office of the public prosecutor— at the time of the convening of the strike, reported the arrest of both the CGPJ as the ministries of Justice and Labor. A few days before it will take effect the arrest, the ministry has already announced to the associations descontaría the day of strike of the payroll.
Sources of the associations judicial respect as an economic and see in it “a recognition of the right to strike of the judges.” “We are consistent and we can not protest nor will we allow people to treat us with any kind of privilege, we’re not going to recurrirlo, it is a decision consistent ministry with the deployment of the constitutional right to strike,” said the judges consulted. “Just strange, this measure by its announcement late as a result of the failure of the attempt of the Ministry of Justice that desconvocásemos unemployment”, added, on condition of anonymity.
