La desconcentración del gobierno del Poder Judicial en el Estado autonómico y los consejos de justicia como posible vía: oportunidades y problemas
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The article reviews the possibilities of deconcentrating the functions of governance of the Judiciary carried out by the CGPJ, thus bringing its activity closer to the State
model. To this end, it begins by examining the traditional confusion between decentralisation and deconcentration of the governance of the Judiciary. It then discusses how, during
the drafting of the Catalan Statute, the introduction of the councils of justice was being
processed in the Spanish Parliament, and why that attempt was not successful, which had
a direct impact on what would later occur with the statutory regulation of the Council of
Justice in STC 31/2010, a ruling whose weak argumentation in this matter is also the subject
of review. Nevertheless, the TC having established the possibility of the LOPJ providing
for the Councils, the paper goes on to discuss how this would have to be implemented,
arguing why it would first be necessary to address other problems of the CGPJ, such as the
appointment of its members of judicial origin or the system of discretionary appointments
of senior officials, in order for the introduction of the councils to be not only advisable but
also realistic. The paper concludes by offering guidelines on how to implement the regulation
of the councils in the LOPJ
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