The Constitutional wanted to leave the issues that are presumed conflictive to the new magistrates
The Constitutional Court had spent weeks idling. He was waiting for his next renewal, the one that by law should have taken place on September 13, but due to the policy of faits accomplis of the hard sector of the conservative members of the General Council of the Judiciary (CGPJ) will not take place until the 20 members that have made it up for nine years are replaced. Now, once negotiations between the government and the main opposition party, the PP, have broken down, the court of guarantees will have to rethink its strategy.
The idea was to continue with the one staged by the current president, Pedro Gonzalez-Trevijanoand the vice president, Juan Antonio Xiolwhen they took up their current responsibilities: that the Constitutional will work in search of the greatest possible consensus to avoid the fracture that was experienced within it during the deliberations of the sentences of the states of alarm.
Thus, as in the Constitutional Court, it is well aware that certain issues will once again divide it, simply because being of conservative or progressive mood makes you see life, and by the way the right, differentlyit had been agreed to postpone the deliberations of the controversial issues, to avoid sentences such as the one that endorsed by the minimum the dismissal of a worker for the use of company recordings.
The objective was not to repeat the fracture that was experienced with the endorsement of the dismissals for company recordings
The sentence went ahead by six votes of the conservative magistrates against five, of the progressive ones. Some considered that the employee was sufficiently aware of the possible use of these images to take disciplinary action against him, while others saw it as a violation of his fundamental rights.
waiting for the next step
Now, once the CGPJ negotiations have been blown up, the panorama has changed and the Constitutional Court must rethink its intention to postpone the issues that are presumed to be in conflict until it has its new composition. Sources from the high court point out to EL PERIÓDICO DE CATALUNYA, from the Prensa Ibérica group, that it will be necessary to see if the CGPJ decides to appoint the two magistrates that correspond to it or if the hardest conservative sector continues to block it.
In that case, the Government could not wait any longer and appoint the two of its own, because the unconstitutionality of doing so without the Council has been diluted with the change in legislation and the failure of the governing body to comply with the term provided for in the law. of the judges.
Among the issues postponed pending the new composition of the Constitutional Court, abortion stands out, in which up to three magistrates have worked successively, as they were replaced one by the other in consecutive renewals: Elisa Pérez Vera, Andrés Ollero and Enrique Arnaldo, who is the current rapporteur. Despite the fact that González-Trevijano’s intention was to resolve it before the mandate of a third of the magistrates expired, which happened on June 12, he was forced to desist.
But there are also other laws that will produce the division of the court based on the tendency in which the magistrates fall. They are many and they are diverse. The list includes the appeals against the euthanasiathe ‘rider law’ or the appeals presented by PP and Vox against the labour reform.
When the renewal takes place, the Constitutional Court will have a progressive majority for the first time in years. This will be possible with the two magistrates that the Government must appoint, plus one from the CGPJ, which traditionally appoints one of each sensitivity. That explains the interest shown by the PP in now filling the vacancy arising from the drop in Alfred Montoyawho suffered a stroke that prevented him from returning to court.