¿A quién afecta el descrédito, sobre todo?

Abstract

The review of discretional appointments made by the General Council of the Judiciary operated by the Third Chamber of the Supreme Court has been generating for the last decades of this XXI Century hefty criticism from those directly concerned and from certain doctrinal sectors. But, in recent times, disagreements among the same judges of the aforementioned Chamber are occuring rather often. From that point of view, one might think that the judgment here discussed just shows an umpteenth disagreement among the judges (this time of the sixth section) who solved an appeal of this kind. But there is something else more important and particularly serious. And it is not the tight decision three to two of the ruling but the unusual argumentation (it had never before sank any lower) used by the narrow majority in order to justify it.

Keywords

• assess merits and justify assessments
• comparative judgement with comparison and justification
• discretionality and selection criteria
• elements for a reasoned decision
• joint reasoned assessment
• selective assessment and equal treatment