The president warns that the Executive “of course” will advance in the appointments in a month and trusts that the Judiciary will do the same
Pedro Sánchez clears a fringe that was pending in the intricate renovation of the Constitutional Court. The Government “will comply” with the law and “of course” will make the appointments of the two magistrates that correspond to it “in September”, although the General Council of the Judicial Power (CGPJ), which must also appoint two other members of the court of warranties, don’t do it. In other words, the update of the TC to change its political sign and give it a progressive majority will be completed in just over a month. A full-fledged warning to a CGPJ that threatens not to elect its two magistrates despite the express change in the law.
The president launched that explicit message this Monday, where he closed his tour of the Balkans. he did it in tyrant, after having visited Belgrade (Serbia), Sarajevo and Mostar (Bosnia and Herzegovina), Podgorica (Montenegro) and Skopje (North Macedonia). Sánchez met in the capital of Albanian with the Prime Minister of the country, Edi Rama, and later with the President of the Republic, Bajram Begajwho took office barely a week ago.
Four of the 12 magistrates of the TC exhausted their mandate on June 12. Two appointments, according to the Constitution, must be made by the Government and another two by the CGPJ. But as there were legal doubts that the Executive could elect the two members that touch it without the Judiciary being able to do so – it had vetoed all appointments since it had been in office since December 2018 – the Socialists promoted a change in the Law Body of the Judiciary (LOPJ).
The reform was completed last July. Socialists and United We Can have already presented a proposal to modify the law so that the CGPJ, even with its mandate expired, can make only two appointments: that of two magistrates of the TC. The reform was approved urgently and in a single reading by the Congress and Senate with the help of the leftist partners and is already in force.
The PSOE, during the rapid parliamentary process, introduced an amendment to guarantee that the renewal will be carried out, in view of the fact that the CGPJ threatened to slack off: it set a period of three months to execute the replacement in the TC. In other words, the appointments would have to be made on September 13.
delaying maneuver
Carlos Lesmes, president of the Judiciary and the Supreme Court, set a plenary session for September 8. But the conservative members of the governing body of the judges have slipped that convening a session does not have to guarantee that on that day there will be an agreement to appoint two magistrates (one progressive and one conservative, if tradition is followed). In other words, the Government could stumble upon a delaying maneuver by a CGPJ in office for more than three and a half years.
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Sánchez, from Tirana and to questions from journalists, was “convinced & rdquor; that the CGPJ “will comply with the law and therefore give the names and a proposal to renew the magistrates of the TC & rdquor ;. But he immediately linked with the severe warning: “Of course, the Government of Spain will do it in the month of September & rdquor ;. In other words, the Executive will appoint the two magistrates that correspond to it yes or yes, whether or not the CGPJ does so.
The socialist leader once again summoned the PP to comply with the constitutional mandate and renew the Judiciary. It is still an almost useless appeal, because after the last attempt, just on the eve of the start of the debate on the state of the nation, between Minister Félix Bolaños and popular leader Esteban González Pons, it was unsuccessful. The two major parties already assume that it will not be possible to reach any agreement in this legislature, but the Government does not stop denouncing that the PP “does not comply with the Constitution.” This is a matter that especially irritates Sánchez. He rebels that Alberto Núñez Feijóo’s party already says “with impudence & rdquor; that he does not intend to abide by the Magna Carta and the law.