It is the end of the escape.
The exhortation of the leader of the PP, Alberto Nuñez Feijooto the Government of Pedro Sanchez so that he renounces making the substitution appointments of the two magistrates of the Constitutional Court that expired on June 12 that correspond to him –Pedro Gonzalez-Trevijano Y Antonio Narvaez– As a condition to lift the blockade imposed by the PP on the renewal of the General Council of the Judiciary (CGPJ), expired since December 4, 2018, it has been a double message. At the same time that it has urged the Government to breach the Constitution, it is also an SOS addressed to the conservative sector of the Judiciary to block the election of the substitutes for the other two magistrates with expired mandates on November 8 –Santiago Martinez-Vares Y Juan Antonio Xiol– which must be designated by the CGPJ.
Sources from the CGPJ consulted by EL PERIÓDICO indicate that Feijóo has launched the decoy in his latest attempt to postpone the four appointments because you already know that the Government’s ultimatum -to appoint the two magistrates on its own on September 13 -and the fact that the CGPJ already has the power to appoint its own -via modification of the organic law that allows these appointments-, They have left him no room to intervene.
Make a “change of cards & rdquor; – postpone the appointments in the TC now in exchange for resume negotiations to renew the CGPJ-, as the source consulted has pointed out, it is an attempt to confuse public opinion -and give arguments to the published opinion-, knowing that the matter is no longer enough.
The Government should have finalized these appointments on June 12. Since the president of the TC, Pedro Gonzalez-Trevijano, sent messages to Moncloa, to the effect that if the two appointments were made without the other two to be chosen by the CGPJ, he and his allies would reject the inauguration of the new magistrates. In the midst of the campaign Andalusian electionsthe Government decided to postpone its two appointments and modify the organic law to allow the CGPJ to carry out its two appointments.
unilateral appointment
It was not, either, an insurmountable requirement. unilateral appointment of the two members of the TC. González-Trevijano himself signed a judgment of the court of guarantees in which the renewal of magistrates separately from the Chambers was contemplated, in the event that one of them could not do so.
In that judgment of December 2016, it was concluded: “The proposal or designation that we are dealing with is, for each of the Chambers, a genuine power-duty. A power, without a doubt, but also, at the same time, a duty ex Constitutione, [desde la Constitución] with transferable terms here regarding legal provisions related to the renewal of this same Constitutional Court & rdquor ;.
The magistrates, unanimously, contemplated, as can be seen in said paragraph, that the renewal of the four magistrates whose mandate expired on June 12, 2022 is a “power-duty”, according to the Constitution. And, as can be seen in the quoted paragraph, they contemplated that this could happen in the TC. That is why they point out that they are “transferable terms here regarding the legal provisions related to the renewal of this same constitutional Court”.
That sentence was approved unanimously. But González-Trevijano, who signed it, threatened in recent months the Government and the Minister of Justice, Pilar Llop, with not giving possession to the two magistrates if the Government appointed its own and the CGPJ did not. And on this point he was seconded by the president of the Supreme Court and CGPJ, Carlos Lesmes. Act in which the three coincided in Madrid, act in which both warned Llop that if the Government made his appointments, the conservative majority of the TC, with González-Trevijano at the head, would not give possession to the new magistrates, in an act of rebellion.
Exactly the opposite of what he signed in December 2016.
An emboldened PP
The Government’s inability to make the appointments -in the context of the electoral campaigns in Castile and Leon Y Andalusia– (what a member of the CGPJ defines as not “looking for more trouble & rdquor;) emboldened the PP in the strategy of delaying the renewal of both the TC and the CGPJ.
But the Government, finally, modified the organic law that it had approved in 2021 to prohibit making new appointments to the CGPJ expired, it is said soon, since December 4, 2018, and, therefore, eliminated the pretext raised by González-Trevijano and Lesmes: namely, the appointments had to be timed, in a simultaneous act.
Now, with the competence recovered especially to appoint the two magistrates that corresponded to it, the CGPJ is in a position to fulfill its obligation.
Lesmes, therefore, could no longer maintain the argument used with Minister Llop, as has been pointed out. The first sign of Lesmes’ distance from the recalcitrant conservative sector was the placet that he promoted to consider the new state attorney general suitable, Alvaro Garciain the CGPJ, after the resignation of Dolores Delgado. Lesmes was harsh with the seven magistrates who made a particular vote against García. And, in private, he said about the appointments that the CGPJ can now make to replace the two magistrates of the TC, that he would not tolerate acts of “hooliganism & rdquor ;.
the frame
In sociology, the term is used framing (‘frame’ in English) to identify the schemes or frameworks of interpretation that individuals apply in the understanding and explanation of the facts.
And when it comes to questioning the basis of these frames, a certain ability to frame, well, you are against the current of socialization, that is, of experience in society. And that current in the case of the TC and the CGPJ, responds to the framing of the media, who, especially in judicial matters, which are not easy to understand, reflect the power that really exists. That it is not the Government, but the PP and its power in the field of the judiciary and magistracy. At most, it is a scheme or frame that can admit that the fault of the blockade is both the Government and the PP.
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But the reality is that Fejóo promised to get away from Paul Married on the subject of the CGPJ as soon as he seized the power that Casado’s skid against Isabel Díaz Ayuso served him on a plate. And since then he has extended the blockade initiated by him since November 2018, an occasion in which he had no qualms about the system for electing judges and had signed the pact with Sánchez. Ah friend, it is that then the president of the Supreme Court and CGPJ was going to be Manuel Marchenawhose meaning according to the text prepared by the general secretary of the PP, Teodoro Garcia Egeaand transcribed by the PP spokesman in the Senate, Ignacio Cosidoin a whatsapp to his bench he said that he was “a great jurist president with a lot of experience in the Supreme Court, who will give prestige to the TS and the CGPJ, which he lacks, with leadership capacity and ‘auctoritas’ so that the votes they are not 11-10 but close to 21-0… And, in addition, controlling the Second Chamber from behind”, in reference to the Criminal Chamber, competent to prosecute cases that affect graduates, and” presiding over the Chamber of 61 ” , the one in charge of matters such as the banning of parties.
So, of course, the system of electing judges – approved by the way, by Mariano Rajoy– it was not bad.