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The Conservatives of the Constitutional Court retain in plenary the decision on the paralysis of the legal reform


Only the departure of Trevijano and Narváez, who have been challenged by the PSOE and Unidas Podemos, would mean a change of majorities in favor of the progressive sector

The Constitutional Court has decided this Monday by seven votes to four to avocar [elevate] to full the appeal of the PP against the express legislative reforms promoted by the Government with the aim of allowing the renewal of the court itself.

Therefore, the different decisions on this matter —whether or not the challenge is admitted for processing, if the very precautionary measure demanded by the popular ones is granted and the vote on Thursday in the Senate is consequently suspended, and if the challenges are accepted or not presented by the PSOE and Unidas Podemos against two magistrates from the conservative sector—they will be taken by the plenary of the Constitutional Court, in which there is a majority of six to five in favor of the conservatives.

In the first vote this morning, on the plenary session —an exclusively procedural matter—, the six conservative magistrates have been supported by the vice president of the court, Juan Antonio Xiol, from the progressive sector.

Xiol has been maintaining a special coordination relationship with the president, Pedro González Trevijano (from the conservative sector) over the last year and a half, since both accessed their respective positions.

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The plenary session of the Constitutional Court, live

The importance of continuing to study the appeal in plenary derives from the fact that within it the conservative group has the aforementioned majority of six to five.

If it had corresponded to the Second Chamber of the court, which he arrived at at the time and which is chaired by Xiol, there could have been a tie in all important decisions, since that room is made up of three conservatives and three progressives.

The responsibility of breaking the tie would have fallen on Xiol, in favor of the progressives, with his casting vote as room president.

Finally, he has decided to support Trevijano to leave the deliberation in the hands of the plenary, a decision that was going to prosper in any case by six votes to five and in the end he has gone ahead by seven to four.

With the invocation to the plenary session, the conservative majority maintains its advantage,

Starting this Monday afternoon, the plenary session must address the decisions regarding the admission or rejection of the PP appeal, the challenges filed against Trevijano and Narváez and the very precautionary measure (suspension of voting in Parliament) demanded by the populars.

Opinions differ on what needs to be resolved first.

Part of this debate has already been anticipated in the morning's interventions.

For this reason, it is possible that before deciding on the admission for processing, at least the challenges are discussed, because several magistrates have alluded to the fact that before making other decisions it is necessary to make clear what is the composition of the court that is going to settle all the ends of the PP resource.

In these interventions, the emphasis has been placed on the fact that European justice is especially rigorous on this point, considering that it is necessary to always make it clear who makes up the judicial body that is going to resolve the controversy that has arisen and that its components are fully in a position to fulfill that role.

Source: elparis

All news articles on 2022-12-19

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