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Judges’ Strike Rights: Progressive Judiciary Divided

by Emma Walker – News Editor

Here’s a summary of the key points from the provided text:

Judges’ Strike and Legal Limbo: Judges in Spain are planning a strike, but their right too strike is in a “legal limbo” because there’s no specific law either allowing or prohibiting it.
Ministry of Justice‘s Stance: The Ministry of Justice, led by Félix Bolaños, is requesting information from the CGPJ (General Council of the Judiciary) about judges who participate in the strike so that their salaries can be docked. They also state that if the CGPJ doesn’t recognize the strike, it should take measures to deduct salary from those who don’t work without justification.
CGPJ’s Dilemma: The CGPJ is caught in the middle. It previously ruled in 2009 that judges don’t have the right to strike. However, it hasn’t explicitly revoked that stance in subsequent strikes.
Conflicting Views within the Judiciary: There are differing opinions within the judiciary itself. Some believe that recognizing the right to strike for judges would interrupt citizens’ access to justice. Others argue that the Ministry of Justice doesn’t have the authority to dock the salaries of striking judges.
Potential Consequences: judges who participate in the strike could face disciplinary action, such as warnings or fines, for unjustified absence from their posts.
Past attempts to Discount Salaries: A previous Minister of Justice, Dolores Delgado, attempted to dock the salaries of striking judges and prosecutors in 2018, but this was challenged in court.

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