La motivación en los nombramientos para Magistrados por el 5º turno

Abstract

There was every indication that 5th turn appointments were to be the easiests in terms of motivation and therefore the most difficult to misrepresent their compulsory motivation. For two reasons: they are positions with an essentially judicial profile (no mixed with governing functions) and their awarding falls within a single criterion: professional excellence. However, the practice carried out by the General Council of the Judiciary shows that the compulsory motivation can be openly dodged. And, unfortunately, more often than not with the argumentative help provided by the same Supreme court doctrine.

Keywords

• administrative discretion
• technical discretion