The Limited Times

Now you can see non-English news...

The Government already points to an upcoming appointment of its two Constitutional magistrates in the face of the blockade of the Judiciary

2022-11-23T12:50:09.956Z


The Executive is still waiting for the decision of the CGPJ, but insists that it will name the candidates that it is their responsibility to designate. If you want to do it before Constitution Day, you only have two councils of ministers left


The substitute president of the Judiciary, Rafael Mozo, upon his arrival at an act in the Senate, last week. Álvaro García

The Government is beginning to be fed up with the delays of the General Council of the Judiciary (CGPJ) to appoint the two magistrates of the Constitutional Court that correspond to this body, which has had its mandate expired for almost four years and now also has a substitute president because the owner, Carlos Lesmes, resigned.

The Executive is increasingly launching clearer signals that its decision to appoint the two Constitutional magistrates that it is his turn to renew is close —of the four that must be appointed now, two are divided up by the CGPJ and two by the Executive— without waiting for the governing body of judges.

In La Moncloa they do not want to officially confirm any date, but if the president, Pedro Sánchez, wants to reach December 6, when Constitution Day is celebrated, with this matter resolved,

The Government is waiting for the CGPJ to exhaust its attempt to renew, to offer it a legal argument that allows it to justify the anomaly of renewing only half of the quota that it touches this time.

And that argument can come this Thursday if the full CGPJ, two and a half months after the September 13 deadline set by law to renew the Constitutional, is not capable of doing so.

The minister spokesperson, Isabel Rodríguez, did not want to set a date, but she was very blunt, more than ever.

“You have to see where we come from.

The blockade of the main opposition party that refuses to comply with the Constitution, something that led to the resignation of the president of the Supreme Court and the CGPJ.

The PP has put the CGPJ in check.

We have done an exercise in understanding, but we are going to comply with that constitutional obligation,

More information

The clash of criteria between courts raises the tension for the "law of only yes is yes" while waiting for the Supreme Court

The final decision will be made by Sánchez, and the strategy is directed by Félix Bolaños, Minister of the Presidency.

Both have been waiting for the right moment for weeks, and they have tried everything to get the plan out, that is, that the two magistrates who have to renew the CGPJ could agree so that the Government would do the same later.

But at this point, and given the evidence that the sector close to the PP is once again opting for delaying maneuvers, the moment seems imminent.

The last excuse of the conservative members to delay the appointment of the two Constitutional magistrates that corresponds to electing the Council foreseeably expires this Wednesday, when the Supreme Court plans to decide whether to keep Rafael Mozo, the progressive member whom the plenary session of the CGPJ elected as substitute president after the resignation of Carlos Lesmes.

Mozo's choice was appealed by the vocal Wenceslao Olea and by the secretary general of the body, José Luis de Benito, who asked the high court to suspend it as a precautionary measure while it decides on the merits of the matter.

This is the decision that the Third Chamber (of Administrative Litigation) must make this Wednesday.

The members proposed by the PP asked the progressives last week not to advance in the renewal of the Constitution until they know the decision of the Supreme Court on Mozo, to avoid that a hypothetical revocation of his presidency could later call into question the decisions made by a plenary session with him in front.

If the Supreme Court, as seems foreseeable, rejects the injunction and keeps Mozo as substitute president, the road to the renewal of the Constitutional Constitution would be theoretically clear and could be on track at the meeting that the commission of conservatives and progressives that is negotiating the appointments.

Conservative sources, however, admit that once that obstacle has been overcome, they will raise another.

The members proposed by the PP have asked the progressives (in which advisers proposed by PSOE, IU and PNV are integrated) a "change of methodology" in the negotiation.

The progressives already have an official candidate, the magistrate of the Third Chamber of the Supreme Court José Manuel Bandrés, and are waiting for the conservatives to announce theirs, but they believe that now each group must evaluate and assess the other's proposal.

“It is not about simply accepting the only candidate that they propose.

For that, it is not necessary to negotiate, ”says a conservative member.

The background to this demand is that the councilors proposed by the PP do not want the candidate Bandrés because they maintain that he is related to the Government.

“We want to evaluate their candidate and for them to do the same with ours.

Debate about both names”, point out conservative sources, who assure that, if the progressives accept this formula, they could already give the name of their official candidate.

But the counselors proposed by PSOE, IU and PNV refuse to change their candidate, a 66-year-old magistrate with a long judicial and academic career, an expert in jurisprudence of the European Court of Human Rights and in constitutional and contentious-administrative law.

Conservative sources point out that if the progressives do not accept his request, the appointments of the Constitutional Court may be definitively shipwrecked.

Subscribe to continue reading

Read without limits

Keep reading

I'm already a subscriber

Source: elparis

All news articles on 2022-11-23

You may like

Trends 24h

News/Politics 2024-03-27T16:45:54.081Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.