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The PP claims the opposite of what it has been doing for at least 10 years

2022-09-09T22:25:47.769Z


González Pons's letter to Bolaños is full of erroneous interpretations and wrong data Esteban González Pons, commissioned by the leader of the PP, Alberto Núñez Feijóo, to assume the negotiation with the Government on the renewal of the institutions, has sent a letter to the Executive where he exposes the ideas of the conservative formation on how to solve the crisis that it is experiencing the Spanish Justice on account, among other things, of the PP's refusal to renew the General


Esteban González Pons, commissioned by the leader of the PP, Alberto Núñez Feijóo, to assume the negotiation with the Government on the renewal of the institutions, has sent a letter to the Executive where he exposes the ideas of the conservative formation on how to solve the crisis that it is experiencing the Spanish Justice on account, among other things, of the PP's refusal to renew the General Council of the Judiciary (CGPJ) since this party went into opposition.

This situation of blockade has only occurred in democracy when the popular are not in government.

Pons says that since Feijóo was elected president of the PP, five months ago, replacing Pablo Casado, his permanent ambition has been "to renew, regenerate and reform the institutions", and yet the popular have not achieved any of those objectives because they have refused to do so, with various excuses.

One of them, that the Government had promoted an urgent law to allow the Judicial Power, being in office, to appoint the two Constitutional magistrates that correspond to it.

Interestingly, this legal reform had been agreed in writing with the PP before Feijóo arrived, who allegedly refused to comply with the agreements.

More information

The PP offers to unblock the Judiciary but criticizes that there will be an "abusive" progressive majority in the Constitutional Court

The depoliticization of justice that the PP could apply and never wanted.

"We understand, like most experts," González Pons continues in the letter sent this Friday, "that the situation we find ourselves in is explained by the fact that our legislation does not guarantee the absolute depoliticization of Justice."

“It is anachronistic that at this point in our democracy the election of judges' representatives continues to depend on the arbitrary decision of political officials,” he points out.

He refers to the fact that, with the current system, it is not the judges but the Chambers who directly elect the 12 members of judicial extraction of the General Council of the Judiciary.

However, in reality, neither the Congress nor the Senate can choose these 12 members without the approval of the judges, who make a pre-selection of names prior to voting in the Courts.

For example,

For three years there has been a list of 51 judges, including three Supreme Court magistrates, endorsed by four judicial associations and their own colleagues, who are waiting for the PP to unblock the situation so that 12 of them integrate the new CGPJ.

But the fact is that, in addition, the PP governed between 2011 and 2015 with an absolute majority in both Chambers and promised its electorate and in Congress a legal reform so that the judges would elect those members directly, and it never did.

When the then Minister of Justice, Alberto Ruiz-Gallardón, took the text of the legal reform to the Council of Ministers, President Mariano Rajoy backed it down;

in this way, the PP, which had a majority, could continue to control the General Council of the Judiciary.

endorsed by four judicial associations and their own colleagues, who are waiting for the PP to unblock the situation so that 12 of them integrate the new CGPJ.

But the fact is that, in addition, the PP governed between 2011 and 2015 with an absolute majority in both Chambers and promised its electorate and in Congress a legal reform so that the judges would elect those members directly, and it never did.

When the then Minister of Justice, Alberto Ruiz-Gallardón, took the text of the legal reform to the Council of Ministers, President Mariano Rajoy backed it down;

in this way, the PP, which had a majority, could continue to control the General Council of the Judiciary.

endorsed by four judicial associations and their own colleagues, who are waiting for the PP to unblock the situation so that 12 of them integrate the new CGPJ.

But the fact is that, in addition, the PP governed between 2011 and 2015 with an absolute majority in both Chambers and promised its electorate and in Congress a legal reform so that the judges would elect those members directly, and it never did.

When the then Minister of Justice, Alberto Ruiz-Gallardón, took the text of the legal reform to the Council of Ministers, President Mariano Rajoy backed it down;

in this way, the PP, which had a majority, could continue to control the General Council of the Judiciary.

The PP governed between 2011 and 2015 with an absolute majority in both chambers and promised its electorate and in Congress a legal reform so that the judges would choose these members directly, and it never did.

When the then Minister of Justice, Alberto Ruiz-Gallardón, took the text of the legal reform to the Council of Ministers, President Mariano Rajoy backed it down;

in this way, the PP, which had a majority, could continue to control the General Council of the Judiciary.

The PP governed between 2011 and 2015 with an absolute majority in both chambers and promised its electorate and in Congress a legal reform so that the judges would choose these members directly, and it never did.

When the then Minister of Justice, Alberto Ruiz-Gallardón, took the text of the legal reform to the Council of Ministers, President Mariano Rajoy backed it down;

in this way, the PP, which had a majority, could continue to control the General Council of the Judiciary.

Renewals of the Constitutional that the PP never agreed to.

"I include in our concern the situation of the Constitutional Court, because I understand that institutional renewals have always been addressed as a whole," writes González Pons.

"At no time do we question the government's ability to freely appoint the two magistrates that correspond to it, even though it seems healthy to us to consult the opposition for this type of decision, but we do regret the pressures known in recent times."

In this paragraph there can be no more misunderstandings.

Pons says that institutional renovations have always been addressed as a whole.

The Rajoy Government appointed the two Constitutional magistrates that corresponded to it in 2013: Pedro González Trevijano and Enrique López were elected without their renewal being addressed with the PSOE, the opposition party.

In fact, the PP has already tried to propose Enrique López in the Senate quota, but the technical services resolved that he did not meet the technical requirements of seniority.

Later, López had to resign because he was caught when he was driving a motorcycle at dawn, drunk and without a helmet, along Madrid's Paseo de la Castellana.

Today he is a Minister of Justice of the Community of Madrid and was the national head of Justice in the previous direction of the PP.

A Constitutional dominated by the PP in the last nine years.

“A full constitutional regime requires a Constitutional Court that all citizens can trust.

Winning the TC for a Government is losing it for the citizens.

The polls grant a reasonable majority to the Government in the negative legislator, but never as abusive as the one that is being proposed at the moment”, writes Pons.

Feijóo's right hand thus confuses the numbers.

The progressive majority that would settle for the current renewal - renewal required by law and the Constitution - is 7 to 4 because there is a magistrate elected by the PP who resigned due to illness and has to be replaced by the Senate.

The Government has already said that it has no objection to doing so,

unlike what happened on other occasions with progressive magistrates who resigned in the Constitutional Court and were not replaced for a long time.

The majority, therefore, once that vacancy is filled, would be 7 to 5. The majority that has always existed in the 40 years of operation of the Constitutional Court: sometimes in favor of the conservatives and others of the progressives, but always with that proportion .

The creation of the court established a balance that allows five of its magistrates to be chosen by the conservative forces and another five by the progressive forces.

And the only imbalance occurs depending on the party that is in the Government when it is time to renew the two magistrates that correspond to the Executive.

In 2013 it was the turn of the Government of Mariano Rajoy and, since then, in the Constitutional there is a majority of 7 to 5,

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Source: elparis

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