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The draft does not precisely determine who is the recipient of the measures it contains and, as a consequence, confuses the spheres of action of the State Powers concerned: on the one hand the Executive and, with it, the Administration and, on the other, the Judicial, whose scope of action appears diluted and diminished in relation to that which the former is intended to provide. Likewise, the draft report adds, there is a confusion of regulatory, administrative and procedural action plans, which not only reduces clarity to the projected law - to the detriment of its correct application by legal operators and also to the detriment of security. legal - but also comes into conflict with the principle of procedural legality.
The text that the Plenary will analyze shows that, in the measures contained in the preliminary draft, the powers and functions of the General Council of the Judiciary , which is responsible for guaranteeing Phone Number Data the independence of judges and magistrates in the exercise of their jurisdictional function, appear blurred. , when not openly avoided or ignored. Examples of this are the withdrawal of the power of the CGPJ to provide electronic signatures to judges and magistrates , despite being established in Law 18/2011 , or the subordination to the authorization of the benefit administration (Ministry of Justice or Autonomous Communities).
with transferred powers) of access to information systems by the CGPJ bodies with inspection and control powers. On other occasions, the rule invades areas reserved for the regulatory power of the General Council of the Judiciary , as occurs with provisions that affect the functioning of the governing bodies of courts and tribunals or that specify the content and limit the scope and purpose of the instructions issued by the CGPJ, in the exercise of its functions, to the judicial bodies. In this same line of disempowerment of the Council, the draft report indicates the omission of any reference to the Judicial Neutral Point , a platform of proven usefulness and effectiveness that serves as a means for requesting and obtaining useful information in judicial procedures, as well as for the practice of warrants, seizure orders and secure communications.
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