EL PERIÓDICO is in a position to reveal that the People’s Partythe conservative members of the General Council of the Judiciary (CGPJ) elected in December 2013 at the proposal of the popular and those of the same sector of the constitutional Court they got ready to give the coup to select two candidates this Wednesday, December 14. They have threatened to file a criminal complaint against the president of the CGPJ if he did not call an extraordinary plenary session for this Wednesday in order to vote for the two CGPJ candidates for the TC after deliberately delaying this election since last September 8.
Mozo had been studying the call since last Sunday after last Friday, nine conservative members led by Jose Maria Maciaspartner of the Cuatrecasas law firm, decided to precipitate a operation ready for later. The next reforms of the Government and in the Senate to put an end to the deliberate delay of the vote, he has anticipated the coup to vote with the old system that requires 3/5 of the votes, or 11 votes, to materialize the selection. Finally, when verifying that the conservative sector has not accompanied his proposal with candidates and given the fact that five members will not be in Madrid, Mozo finally decided this Tuesday not to convene such a plenary session.
Since the resignation of the president of the CGPJ, Carlos Lemes, the required 3/5 are represented in 11 votes. This data should be retained.
The proposal of the progressive sector to elect a candidate for each of the two sectors has been rejected by the conservatives. Although they have never presented a candidate proposal until now, they nevertheless demanded that the progressives propose theirs.
Upon learning that said sector proposed to Jose Manuel Bandresmagistrate of the Third Chamber, sixth section, of the Supreme Court, the PP and the conservatives blocked the vote.
act followed through different means, verbal and mediabombed Bandrés and proposed that the progressives support the magistrate instead Paul Lucas, magistrate of the Third Chamber, as its candidate. That is to say, without proposing theirs, they were already imposing Lucas on the progressive sector.
Avoid the election of Conde-Pumpido
The fear of the PP and the conservative sector, together with their counterparts in the TC -the three form the triangle of the Holy Trinity– consists of the fact that after the appointments in the CGPJ, the renewal of the TC will give rise, with the new magistrates -two for the Government and two for the CGPJ- to a progressive majority in the TC.
And according to the organic law of the TC, a new president and vice president must be elected.
The right wanted to prevent the president that said progressive majority can appoint with its majority of votes -7 against 4 conservatives- from being the magistrate Candid Count-Pumpidoformer magistrate of the Second Chamber of the Supreme Court and former State Attorney General during the government of Jose Luis Rodriguez Zapatero.
The appointment of Bandrés is, in the eyes of the PP and the conservative sector of the popular, the evil that must be avoided to abort the presidency of Conde-Pumpido. That is to say: the PP and its sector in the CGPJ they are involved in the conspiracy with sickle and kick together with the expired president, elected in 2013, by Mariano Rajoyof the TC, Pedro Gonzalez-Trevijanoto block Conde-Pumpido.
Mozo has not opposed calling the extraordinary plenary session requested by nine conservative members. But he has verified, according to judicial sources consulted, that two members-Sea Cabrejas Y Gerardo Martinez Tristan are respectively in the Dominican Republic and London and that, in addition, various members such as Juan Manuel Fernandez, Juan Martinez Moya as well as angeles carmona, president of the Observatory for Gender Violence of the CGPJ, will be this Wednesday at the Congress on Gender Violence that is held in the Canary Islands, and sponsored by the Council. Even Mozo was scheduled to give the keynote address, though she decided against it.
For these reasons, Mozo saw it as difficult for the plenary session to be held and this Tuesday afternoon he decided, under these conditions, without the conservative sector even presenting candidates, not to call it. On the other hand, although the regulation says that the Plenary must be convened when requested by five members in the following three days, this does not necessarily mean within those three days. But the general secretary is not independent, Jose Luis de Benitobelongs to the conservative group, and therefore will not make a neutral report.
But the PP and the conservative sector promoted telematic voting without the presence of all the members. And with media threats. The members propose a telematic vote when they have boycotted it for months.
And it is because they wanted to deliver the blow this Wednesday, on D-Day. Esteban Gonzalez Pons, the person responsible for the PP for the aborted renewal negotiation of the CGPJ is already acting openly. Last Monday night he requested in a tweet the abstention, without naming her, of the Supreme Court magistrate and member of the CGPJ Clara Martinez de Careaga for being the wife of Conde-Pumpido.
It is that the conservative sector needs to reduce the number of members who are going to vote to obtain a majority. If they obtain 2 abstentions, that is, if they reduce the quorum from 18 to 16 members, they would arrive with 10 votes (3/5 of 16) to appoint César Toloza or Pablo Llarena, their “own”, and the “other”, Pablo Lucas . The vote for the latter would be achieved with the abstention of his brother Enrique Lucas, who is a member of the CGPJ. And that he logically cannot vote for his brother.
Those two key abstentions would allow the coup to be consummated. Once this is secured, prepare in the TC to thwart the presidency of Conde-Pumpido with the proposal of his favorite progressive María Luisa Balaguer. Because both “their own” and the “other” named in the CGPJ would support the alternative to Conde-Pumpido.
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But the abstention of Clara Martínez de Careaga has no chance of prospering. There is no cause for abstention and the members cannot challenge it.
Mozo has stopped the operation by rejecting the extraordinary plenary session for this Wednesday, December 14. One of the reasons why the Conservatives have not fielded candidates is because they are divided. Some, like Martínez Moya and Fernández, want to name César Toloza, president of the Third Chamber of the Supreme Court, others Pablo Llarena and a third -Vicente Guilarte- Francisco Marín Castán.