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The Judicial Branch suspends the appointments of the Constitutional Court while waiting for the PSOE and the PP to renew the Council

2022-10-21T03:48:49.940Z


The appeals filed against the appointment of Rafael Mozo as alternate president raise tension within the body


Plenary session of the CGPJ on October 13 chaired by Rafael MozoCOMMUNICATION OFFICE OF THE CGPJ (COMMUNICATION OFFICE OF THE CGPJ)

The conservative and progressive members of the General Council of the Judiciary (CGPJ) will not sit down again to debate the appointments of two magistrates of the Constitutional Court while the PSOE and the PP continue negotiating the renewal of the Council.

The plenary session of the governing body of the judges agreed last Thursday that the commission that negotiated these appointments would continue its work.

"There are no dates set for new meetings, but the negotiators will immediately set a schedule," the body reported that day.

However, the members that are part of that negotiation have not met nor, for the moment, do they intend to do so, according to members consulted, who point out that, given the imminence of a possible renewal of the CGPJ, the logical thing is to wait for it is the new Council that appoints the two pending positions.

It is not the first time that the Council has postponed discretionary appointments due to the possibility that the parties will close an agreement to renew the body, whose mandate expired in December 2018. It has already been done like this other times since the CGPJ remained in office and when he still had the power to appoint all discretionary positions.

This is what happened in January and July 2020, and in February 2021, when the plenary agreed to stop appointments that were already on the table after learning that socialists and popular were negotiating to unblock the body.

None of these processes ended in an agreement and, after verifying that the two parties considered the talks broken, the Council resumed the appointments.

Now, after almost four years of extended mandate, the members have chosen to park the appointments of the Constitutional,

The progressives of the CGPJ, who had been trying to advance in the negotiation for more than a month, decided two weeks ago to abandon the talks with the conservative majority due to the maneuvers of this group to delay the appointments.

The intention of the members proposed by the PSOE, IU and the PNV was to try a minimum pact with the then president of the body, Carlos Lesmes, who hoped to obtain the support of three conservative members to add the 12 votes necessary to carry out the designations.

But Lesmes resigned on October 11 without having reached that agreement, which led the progressives to return to negotiations with the hard core of the other block if they wanted to renew the Constitutional.

They promised to do this last week.

but members of this group admit that the process should not be resumed if there are indications that the renewal of the CGPJ may be closed in a few days.

"The scenario now is not to appoint unless there is no renewal of the Council," warns a progressive member.

The members of the CGPJ try to return to normality after the earthquake caused by the resignation of Lesmes and the subsequent designation of Rafael Mozo as "alternate" president against the criteria of the technical cabinet.

Mozo's interim presidency has saved its first exam after the Supreme Court this week ruled out revoking it urgently, as requested by the member Wenceslao Olea and the general secretary of the CGPJ, José Luis de Benito, who have challenged the agreement by which Lesmes' alternate was appointed to the Council, but the appeals filed by both have once again raised tension within the body, admit several members, who regret that both challenges were filed just 48 hours after Mozo's appointment despite the fact that They had two months to appeal.

The exceptionality that exists in the CGPJ has been warned even by the Official State Gazette (BOE), which, according to sources from the body, has refused to publish an agreement signed by Mozo because it had no official record that he was the alternate president.

Members consulted point to the secretary general as the person responsible for making this communication, which was not made last week and will be done now after the notice of the BOE.

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Source: elparis

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