The President of the Constitutional Court, Pedro Gonzalez-Trevijano, it was clear that he did not want to bring to the plenary session only the two Constitutional magistrates that the Government had to designate. Once the blockade that the General Council of the Judiciary (CGPJ) maintained on both of its own was broken, it has not taken even 24 hours, since it received the official communication, to call the holding of the meeting in which the 11 magistrates that form currently the Constitutional will give their pleasure to their four future companions.
It will be this Thursday when the guarantee court takes the first step to proceed to the change of majority sensitivity who usually lives every nine years, when the two elected by the Government that is in office at that time and the two from the CGPJ enter. On this occasion, three conservatives leave and as many progressives enter. The president himself and Antonio Narvaezwho in their day were elected by the Executive of Mariano Rajoy, and Juan Antonio Xiol and Santiago Martínez-Varesby the Council, will be replaced by the former Minister of Justice Juan Carlos Fieldthe former adviser to Moncloa Laura Diez and the magistrates of the Supreme Cesar Tolosa and Maria Luisa Segoviano.
The process only goes through verifying that those proposed are Spanish and with more than 15 years of professional career, so it is difficult for them not to obtain the approval of the Constitutional Court. In November 2021, when the previous renewal took place, one of the magistrates voted no to Enrique Arnaldo, Concepción Espejel, Inmaculada Montalbán and Ramón Sáez.
From the conclusion of the plenary session, the time it will take to proceed to the effective replacement of the maximum guarantor of the Constitution will only correspond to the Government and the Royal House, because it will be when the royal decrees of dismissal of some and appointment of others can be published. in the Official State Gazette, to perform the act of oath or promise before the King and his inaugurations.
All pending legislature
When the change occurs it will pass of six conservative vowels (The seventh resigned in the summer of 2021 after not having been able to recover from a stroke suffered by the previous one) and five of progressive sensibility, seven of these compared to five. In their first plenary session, they will have to appoint their president, for which the one who presents himself with the most possibilities is Candid Count-Pumpidoalthough he has also applied for that responsibility Maria Luisa Balaguer.
Both are progressives and are in the last third of their terms, so both could be, although the dispersion of the sector vote could lead to a conservative for the presidency. It is what happened with Maria Emilia Casaswho was president when it was the turn of the conservatives to designate him, but part of them gave up supporting their candidate, vincent countwho ended up being the vice president.
With the new president at the head of the Constitutional Court, the brake that González-Trevijano himself placed on the most controversial issues that the court had on the table until the renewal was formalized will be lifted, despite the fact that he could have carried them out with the conservative majority that prevailed until now.
Thus, the new Constitutional will have to resolve the appeals filed against the euthanasia law, the abortion law, the educational reform, the labor reform, the rider law and practically the entire legislature of Pedro Sánchezappealed by the PP or Vox, emboldened by the success that the annulment of the states of alarm meant for him based on his challenges.
Fireproof
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When the turn comes to rule on some of these regulations, the first litmus test will be experienced by the magistrates of the TC elected at the proposal of the Government, because the first decision they will have to adopt is whether they should withdraw from the deliberations for have formed part of or have advised the Government that promulgated them. And if not, resolve the challenges that will foreseeably be filed against both.
It will then be time to check if the high court continues to be so reluctant to accept removing its magistrates as it demonstrated with those presented against Arnaldo and Espejel, where the bar to be able to successfully challenge was set so high that it is difficult for any of them to be again. pulled apart.