The Plenary of the General Council of the Judiciary has dismissed this week the appeal filed by the Ministry of Public Works, Housing and Mobility of the Government of the Canary Islands against the agreement with which the Governing Chamber of the Superior Court of Justice of the Canary Islands (TSJC) required said Ministry to issue the necessary orders so that the Canary Islands Police Force refrains from acting as judicial police in those matters that are not of its strict competence.
The Governing Chamber of the TSJC adopted last June the agreement now endorsed by the CGPJ, which the Canarian Government appealed after learning of the minutes of the Sectoral Board of the Courts of Instruction of Las Palmas in which the preparation by the Canary Islands Police Force of "reports on matters that are not legally attributed to it" and regarding crimes "unrelated to the functions that are proper to it" is recorded.
The appellant alleges in his writing that the Governing Chamber has exceeded its powers by addressing a request to the Ministry. This issue, on which there are similar precedents resolved in the same sense by the CGPJ, is dismissed since the Governing Chamber, as a body hierarchically superior to the Sectoral Board of the Courts of Instruction of Las Palmas, acted using "the powers legally conferred as an internal governing body of the judiciary, limiting itself to a strictly governmental matter" that has an impact on the daily jurisdictional function performed by judges and magistrates.
As a superior body to which the Sectoral Board communicates the existence of a "dysfunction", the Governing Chamber "cannot remain on the sidelines of it and must ensure through the legally conferred powers that the current legality is complied with", the resolution adds. In addition, it is limited to requiring the competent authority to "give the precise instructions, without intrusion in that area".
The Plenary of the CGPJ also rejects that the Governing Chamber has invaded the powers of the Security Board, which is responsible for coordinating the action between the local police and the State Security Forces and Corps. In this sense, it explains that the request is addressed only to the Ministry which, being the autonomous authority that assumes the creation, organization and command of the Canary Islands Police Force, is the one that can issue precise orders.
Finally, the CGPJ rejects the substantive issue of the appeal, referring to the sending by the Canary Islands Police Force of reports to the judicial bodies in certain matters without having been required to do so. The resolution recalls that the request makes "exclusive reference" to cases in which, without prior request, the Canary Islands Police has prepared a report and has assumed functions of Judicial Police outside the function of collaboration with the State Security Forces and Corps.
Both art. 547 of the Organic Law of the Judiciary and art. 1 of RD 769/1987, of June 19, on Judicial Police, attribute the function of judicial police to all members of State and autonomous security Forces and Corps as long as they perform these functions "within the scope of their powers and provided that they have been required to provide it". The action that gave rise to the agreement of the Governing Chamber of the TSJC occurred, the resolution emphasizes, without any judicial requirement.
