The term given to the State Attorney’s Office to rule on the appeal against the substitute president of the Judicial Power is still in force, and then the Chamber must decide
The renewal of four magistrates of the Constitutional Court (TC) earring since last June —two of which correspond to the Government and another two to the General Council of the Judiciary (CGPJ)— will happen “sooner than later”reveal to The Newspaper of Spain, from the Prensa Ibérica group, sources of this body, despite the obstructionist attitude in which the most conservative sector of the institution seems to have settled. The question is what that ‘soon’ translates into, since some vowels indicate a key that can become new excuse to once again delay compliance with the law and stop the arrival of a TC with a clear progressive trend as it is now.
The problem would be, according to the sources consulted, the decision that the Supreme Court has yet to adopt in the coming days on the appointment of Rafael Mozo as substitute president of the CGPJ after the resignation of Carlos Lesmes. The election of the oldest member of the Council for this substitution was appealed before the high court by one of the members, Wenceslao Olea, who considers it illegal and who asked as a precautionary measure that this appointment be put on hold until a decision is made on the merits of the matter.
In order for the Supreme Court to be able to decide on this matter, it must first receive a report in this regard requested from the State Attorney’s Office, whose deadline for presentation, which has been extended, ends at the beginning of next week. According to the same sources, and once the ruling is received, the decision of the Supreme Court in this regard It could take until well into December.
The point is that progress was expected to renew the TC this week, since the interlocutors designated by the conservative and progressive sectors of the body have met on November 16 to be able to speak with names on the table. Consensus is required —the majority of at least 11 members of the total of 18 that there are now in the CGPJ— so that a trustworthy magistrate can be elected from each of the groups.
wait cautiously
If, as it seems, the conservative members prefer to wait for the Supreme Court, the agreement will be delayed again. Those who share this position argue that if the high court suspends Mozo’s presidency, the appointments to the guarantee body that have been made would be called into question, and such legal uncertainty must be avoided. In any case, it is not ruled out that the political controversy over the sedition reform will also end up infecting the negotiating environment within the CGPJ.
At the moment, the only name on the table is that of the magistrate José Manuel Bandrés proposed by the progressives, on whose suitability the members appointed at the time at the proposal of the PP have not yet ruled. In the last meeting, held on November 3, the negotiators José Antorio Ballestero and Carmen Llombart, from the conservative side, assured that by next Wednesday they hoped to already have candidates to present on your part.
In addition, and with respect to the situation of the Supreme Court, the conservatives managed to force an agreement by which the CGPJ has requested reports from the Supreme Court and the presidents of the Superior Courts of Justice on vacancies and vacancies pending filling.
In fact, in a statement released after the meeting, the conservative sector pointed out that would value “as very convenient” a joint statement demanding the reestablishment of “the constitutional powers of the CGPJ” —that is, to also be able to make the pending appointments in the Supreme Court that were prohibited by the March 2021 reform— as long as their renewal does not take place. His progressive comrades avoided commenting on this proposal, which could be another stone on the road to the renewal of the Constitutional Court, an issue that by law should have been resolved before last September 13.