Although the right-wing media put the emphasis on the quarry of the Criminal Chamber of the Supreme Court -the Second Chamber- when they refer to the candidacies to replace, by the General Council of the Judiciary (CGPJ), the two magistrates whose mandates expired on June 12 –Santiago Martinez-Vares Y Juan Antonio Xiol-, there is an obstacle for it. And it is the ‘process’.
Because both due to the investigation of the case and because they belonged to the Board of Appeals and to the court that judged the 1-O referendum in Catalonia, a large number of candidates would have to refrain from accessing the constitutional Court in pending appeals, new facts and resolutions such as, for example, the European arrest warrant that will be subject to sentences, or the pardons of the pro-independence leaders.
The investigation, trial and conviction have become a boomerang for these magistrates. And it affects names that have surfaced, such as Antonio del Moral either paul larena. The first was a member of the court and the second instructed the case and still has proceedings in the coming months, both in Spain and abroad.
According to the sources consulted by EL PERIÓDICO, none of them have sent signals to the CGPJ as candidates to be elected to the TC. “Neither of them have suggested that we take them into account. But there are 12 magistrates of the Supreme Court who have asked us to take them into account in our prayers & rdquor ;, ironically a member consulted by this newspaper. “Instead, the presidents of the First (Civil), Fourth (Social) and Fifth (Military) Chambers have asked us to think of them when doing our homework & rdquor ;, he added.
The needs of the TC
The effort to emphasize the possibilities of the magistrates of the Criminal Chamber of the Supreme Court does not seem consistent with the needs of the TC. Until the arrival of the magistrate Candido Count-Pumpido, in the court of guarantees there was no magistrate expert in criminal law. Now there are next to him two others: Mirror Conception Y Ramon Saez.
While there is already a bulky representation of said criminal magistrates, the two and only specialists in labor law have been dismissed from the TC: Fernando Valdes Dal Re Y Alfred Montoya.
But to this it should be added that with the departure of Rock Embodimentcivil magistrate of the Supreme and the next of Juan Antonio Xiolwho came to the TC from the presidency of the First (Civil) Chamber of the Supreme Court, the court of guarantees is left without civilians.
Both labor law, with the unconstitutionality appeals of the PP and Vox against the labor reform of the Government of Pedro Sanchezsuch as civil law, with the increasingly close integration in the European Union, and the predominance of commercial, banking and consumer issues, are flanks that require specialists capable of contributing to the jurisprudence of the TC.
In the first case, the magistrate of the Fourth Chamber, who would have expressed her desire to go to the TC, is a magistrate with a conservative bias. In a second, Francisco Marin Castanalso conservative, enjoys prestige in the progressive sector.
no signs
Seven magistrates of the Third Chamber (Contencioso-Administrativo) have expressed their interest to different members, among which are paul luke, Jose Manuel Bandres Y Edward Espinfrom the progressive sector. Ines Huertavery sheltered by the president Carlos Lesmes, does not seem to have requested it, but does not stop having a profile to enter the TC. the magistrate Pilar Tessowho was Lesmes’ rival in 2013, has not sent any message about his interest.
But she is still a magistrate that nobody rules out for the presidency of the CGPJ and Supreme Court in the next renewal. And it can be the product of a PSOE-PP agreement. On the government side there is an inclination in favor of the professor of international law Concepcion Escobar and the professor of constitutional law Yolanda Gomezdirector of the Center for Constitutional Studies.
The Government, according to sources consulted by this newspaper, prefers to wait for the CGPJ to make its two appointments. If there were no women in those appointments, for example, one possibility is that Sánchez was inclined to name two women.
“When the PP goes with the knife in his mouth, he doesn’t let go. They gave me the renewal for done more than six times. But the PP with the resignation due to illness of Judge Montoya, elected by the Senate, has found a problem that it did not count on & rdquor ;, says another source from the CGPJ. It is that to replace this conservative magistrate the PP needs the votes of the PSOE, which has the majority in the lower house. “They will have to pay the toll for the renewal of the CGPJ if they want a conservative magistrate for the Montoya vacancy,” says another source consulted.
“I will not tolerate hooliganism”
”I will not tolerate hooliganism. The seven members (conservatives) who opposed giving the placet to the new State Attorney General I have not shared it and I stood up to them in the plenary session & rdquor ;, Lesmes told a source who has spoken with this newspaper. “Neither did the argument supported by newspaper clippings, nor the foundations, seem serious to him, and Lesmes was especially harsh with the seven conservatives. He believes that he has four more apart from the eight in the progressive sector, and he can add a few more. But with 12 votes it is enough to name a progressive magistrate and a conservative. And that is if they are still seven because they are receiving calls & rdquor ;, the source said.
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Lesmes has an incentive. And it is to go to the TC when the vacant position of Alfred Montoyawithin a few months because if it is done immediately, whoever replaces him can only enjoy a mandate of a few months because his nine years expire in March 2023.
But for this, Lesmes will need the PP to propose to the PSOE so that the Senate Submit your application. If he gets it, the carom would be perfect.