The plenary of the CGPJ opts for 10 votes in favor, seven against and two blank for responding in this way to the last movement of the Executive
A total of 16 members support the Supreme Court’s cry of alarm in the face of the situation caused by unfilled vacancies
The extraordinary plenary session held this Monday by the General Council of the Judiciary (CGPJ) has chosen a middle ground: will petition Congress the recovery of all its powers to be able to make appointments and thus be able to cover the vacancies that are occurring in the Supreme Court, whose situation is beginning to be worrying, but will not go to Europe to denounce the latest express reform projected by the Government in relation to its powers, according to sources from the governing body of the judges to EL PERIÓDICO DE ESPAÑA, a newspaper that belongs to the same group, Prensa Ibérica, as this medium.
The agreement to pronounce, through the drafting of the corresponding report, on the Executive’s last movethat amends the Organic Law of the Judiciary (LOPJ) to allow the Council to appoint the two magistrates of the Constitutional Court that correspond to it by quota, and thus the Government to be able to do its own, which will transform the majority of the TC from conservative to progressive, has been adopted by 10 votes in favor, seven against and two blank.
in favor have been shown the nine conservative members who forced the debate and the president, Carlos Lesmes. The seven against are from the progressives, who understand that the agreement intends to interfere in the debate on the State of the Nation and in the ability of Parliament to debate the reform proposals of the LOPJ, and have announced a dissenting vote.
Discarded the most extreme
Addressing the European Commission directly was ruled out because they understood that it made no sense once it is foreseeable that the report on the rule of law will arrive imminently and, without a doubt, it is required to comply with European standards. Furthermore, his claim is met by urging Congress to consult the Venice Commission on reform.
Also, 16 vowels supported the agreement reached by the Supreme Government Chamber to convey to the parliamentarians their “deep concern” given the lack of renewal of the Judiciary and warn you that the situation that is being created, “if it continues, it will be unsustainable” because the “gradual increase in vacancies that cannot be filled reduces its ability to fulfill the function that the Constitution and the laws entrust it to it and in a short time it will suppose extraordinary difficulties for its operation”.
European Comission
The most radical proposal of the nine members of the conservative sector that prompted the debate has faltered due to lack of majority support. It was about inform the European Commission the reform sought by the Sánchez Executive, something that a majority of members do not see clearly because would deepen the institutional crisis.
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In addition, according to the sources consulted by this newspaper, the movement would not be necessary because recently the Lesmes was able to explain the blocking situation institutional situation in our country to the Vice President of the European Commission and Commissioner for Values and Transparency, Věra Jourová, when she visited our country in the middle of last June.
The debate coincided with the presentation, by the PP, of its announced proposal “to strengthen judicial independence and democratic quality in Spain”, which the main opposition party has used to once again demand Pedro Sánchez this Monday the withdrawal of the bill to renew the Constitutional Court, which is voted this Thursday in Congress, if you want reactivate the negotiation to renew the CGPJ with the current legal framework. The Government, however, has distanced itself from the possibility of a pact by pointing out that the Constitution and its compliance “are not negotiated”.