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Judges in Spain go on strike:

About 1,700 of Spain's 4,400 judges are going on strike, although they will continue to process some particularly urgent matters. Details here (in Spanish, from the excellent web newspaper ElDiarioExterior.com). The judges argue that they are underpaid and overworked; they want 1,200 new positions to be created over next five years, to move Spain closer to the European Union average, and to help with what the judges say are overflowing dockets. Comments are welcome from readers who know about the Spanish judiciary.

Thorley Winston (mail) (www):
Are they accepting applications and do you need to speak Spanish?
2.18.2009 2:15pm
non-native speaker:
There is an interesting constitutional controversy in Spain about whether judges are entitled to go on strike, because they are specifically excluded from the right to join unions, but, unlike members of the military forces, they are not specifically excluded from the right to go on strike.

Apparently, judges in Italy or France have already done it. Would federal/state judges have such right in the U.S.?
2.18.2009 3:49pm
Thorley Winston (mail) (www):
Apparently, judges in Italy or France have already done it. Would federal/state judges have such right in the U.S.?


"Going on strike" is just another way of saying "not showing up for work*" which for most people is also known as "grounds for termination." A federal judge who doesn't actually do their job -- whether they call it "going on strike" or not -- could probably be impeached and lose their job as a result. I would assume that the same is true for most State judges as well which means that their rather well-compensated jobs would become available.

* Just out of curiosity, whenever I read about European students going on strike what does that really mean? I assume that loitering, disturbing the peace, substance abuse and hooking up are part of the equation for some but as most students aren't actually working; "going on strike" is really just "cutting class."
2.18.2009 4:04pm
karl m (mail):
Strike is ilelegal for judges.Also for security fortces but the Civil Guard has beeen on strike.
The problem began when a sexual offender got freedom and killed a young girl. The judges union blamed the secretary, they are assistants to the judge.She was punished but the Government wants the judge to be punished and the Judicial Govermnent body refused to do so.The body is formed by carrer judeges and political appoinments like the Supreme Court.All along this legislature and the former have been a battle for the control of the Judiciary to avoid SSM, abortion(12 weeks and only in case mother danger , rape or malformation is valid today) and devolution to be declared void. The law was reformed to give double vote to the President of the Constituyiona l Court. She is a socialist like the government party.
anyway, The strike is for sprit de corp in defense of the judge. The opposition party is against the strike
2.18.2009 4:38pm
Dave N (mail):
Because Spain is a civil law country, judges there have a slightly different role than judges here.

That doesn't speak to the issue of whether they should stike or not--rather, that what we THINK a judge in Spain does and what a judge in Spain actually does are likely two very different things.
2.18.2009 4:42pm
Andrew Schoppe (mail):
It's a trap!
This is just what the Spanish Inquisition has been waiting for all these years!
2.18.2009 5:08pm
Shelby (mail):
I know nothing about the Spanish judiciary, but isn't this a pretty poor time to be going on strike to demand more co-workers and a pay raise? I can't imagine that will play very well when much of the public is concerned about having jobs at all.
2.18.2009 6:40pm
Arturito:
@Shelby: No, it's the perfect time. Government expansion in times of crisis and all that, you know.
2.18.2009 8:45pm
Arturito:
@Shelby: On the contrary... The Spanish legal system is an inquisitorial one (as opposed to adversarial like that of the US). Without judges there is no inquiry and therefore no inquisition... This may actually be the end of the Spanish Inquisition!
2.18.2009 8:54pm
Arturito:
Sorry, last item should have read @Andrew Schoppe, not @Shelby.
2.18.2009 9:15pm
Arturito:
@Thorley Winston: No you don't need to speak Spanish. How's your Basque, Catalan, Galician?
2.18.2009 9:16pm
karl m (mail):
Spain has nowe an adversarial system in criminal process but its civil process is going inquisitorial.In public order matters like family, divorce is inquisitorial
2.18.2009 10:48pm
Bill Poser (mail) (www):
Andrew Schoppe and Arturito,

The Spanish Inquisition was abolished by Napoleon two hundred years ago.
2.19.2009 11:52am
Andrew Schoppe (mail):
It's a trap joke!
2.19.2009 1:11pm

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