It was a ceremony, that of December 6 in the Congress of Deputies, representative of the failed state photo to which the PP, first by paul married and now for Alberto Núñez Feijóohave dragged the main constitutional bodies of Spain.
Núñez Feijóo has it so clear that this Wednesday, a day later, he explained the strategic nature of his blockade of the renewal of the General Council of the Judiciary (CGPJ). Because the PP tries to “protect the judiciary from a government that wants to control justice and politicize it.” As he explained to journalist Carlos Alsina on Onda Cero, “Sánchez is interested in constitutional Courtnot the CGPJ”.
In other words, breaching the Constitution, which obliges bodies such as the CGPJ or the TC to be renewed within a period, is a means that justifies the end in the face of the wickedness of Pedro Sanchez. It is clear that, although Núñez Feijóo may be unaware that ‘1984’, the novel by George Orwellwas written between 1947 and 1948, this does not prevent it from spreading fallacies similar to those denounced by the Indo-British writer and journalist.
meeting in the next few days
In the office of the president of Congress, Meritxell Batet, last Tuesday, December 6, the authorities awaited the arrival of the Prime Minister. When he arrived, he greeted everyone and went to Pedro Gonzalez-Trevijanopresident of the TC, already Rafael Mozo, acting president of the CGPJ. Sánchez mumbled, according to sources consulted by EL PERIÓDICO, that the situation created was complicated and that a solution had to be found. Mozo pointed out that on December 22 the CGPJ will hold a plenary session in which the appointments of the two pending magistrates of the TC will be addressed. Meanwhile, González-Trevijano lectured: “You have to comply with the law.” Both presidents agreed to meet in the next few days.
In the act, González-Trevijano, unable to do as usual a tandem with Carlos Lemes, who preferred to leave, had to listen to Batet’s words, which, without a doubt, were loaded. “The problems that constitutional bodies may have come not only from what they themselves can do but also sometimes from what they do with them,” in a not-so-veiled statement to the PP.
Precisely: González-Trevijano rejected on Wednesday the 30th in the plenary session of the TC to convene, at the certified request of the Government and three magistrates, the plenary session to verify the two appointments of the Government 48 hours before (Juan Carlos Field Y Laura Diez). According to article 4 of the organization regulations, he was obliged to do so. But he fled forward, towards the plenary session of the CGPJ on December 22. The fact is that one of the two new magistrates replaces González-Trevijano, appointed in 2013 by Mariano Rajoyand whose mandate has expired since June 12, 2022.
If González-Trevijano ignored the Government’s request to convene the plenary, it did not escape him when he heard Batet’s words that his refusal to cite the verification plenary also affects who is Batet’s partner, the magistrate and former Minister of Justice Juan Carlos Field.
In turn, Mozo also faces a problematic situation because the conservative members, with the external support of the PP -as Núñez Feijóo has admitted this Thursday-, maintain their blockade, under the formula of vetoing the magistrate of the Third Chamber of the Supreme Court, Jose Manuel Bandressupported, in turn, by Mozo, from the progressive sector.
Solution in five minutes
The resolution of the crisis does not require more than five minutes. If the conservatives propose a candidate for the Supreme Court – which they still haven’t done – and the progressives propose Bandrés, the issue is resolved. Because the latter maintain their fidelity to the pact of September 8 not to object to a candidate for the Supreme Court of the Conservatives. The problem is that these, with the support of the PP, want to appoint their “own” magistrate and a magistrate of their own but with a progressive suit.
But it is González-Trevijano who is with a stone to the Sisyphus behind their backs. He has entrusted everything to December 22, camouflaging his breach of the law by rejecting full verification.
If there are no appointments and in the verification plenary your vote is against the admission of the two Government magistrates, it would cause a constitutional conflict unprecedented and irresolvable. Because the TC is the body in charge of resolving conflicts between constitutional bodies Government-CGPJ-Parliament, but there is no one in charge of resolving the conflicts between the Government and the TC if the latter refuses to swear in the magistrates proposed by the Government. It is a major unprecedented conflict that is already fueling the TC.
On Wednesday the 30th, the president of the TC said that he had listened to the majority and aligned himself with it, although without any vote.
But his way of computing does not reflect reality. Because there is a tie. They vote from lowest to highest, according to seniority. Five Progressives (balaguer, Count-Pumpido, saez, Xiol Y Montalban) in favor of approving the inauguration, against five conservatives against (Narvaez, enriquez, Martinez-Vares, Arnaldo Y mirror).
break the tie
And at that tie point, whoever votes last is Gonzalez-Trevijano. She doesn’t want to get to that situation. Because with his vote, the possession of the magistrate who has to replace him would be denied. He would continue in his position because he would have voted himself out, an ethically and aesthetically impossible situation. He would, therefore, have to vote in favor of the placet. But the pressure of media-judicial union it is very strong.
And then, if the PP wins the general elections next, where will be your personal expectations?
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Finally, the president of the TC is alone and in danger Faced with pressure from the union that tries to fight, not without babbling.
His bet, according to sources consulted, is that the CGPJ will get him out of the crossroads, call the full check and take the four candidates to the TC there to give the green light.