Feijóo agrees to resume “quickly” the negotiations on the CGPJ, but affirms that the meeting with Sánchez was less fruitful than he would have liked
“We have agreed to resume talks – to renew the General Council of the Judiciary (CGPJ) and the Constitutional Court (TC) – and we are going to do it quickly & rdquor; said yesterday the leader of the PP, Alberto Nunez Feijooexpressing his disappointment at the first meeting –“it was less fruitful than I would have liked”– with Pedro Sanchez. Feijóo tried, therefore, to blur this agreement due to his alleged frustration at the refusal of the Prime Minister to accept the proposal to include in the economic plan of measures for the crisis in Ukraine a temporary reduction in personal income tax withholdings to compensate for inflation.
This blurring has been as curious or even more curious in that on Wednesday afternoon, during his visit to the king Philip VI at the Palacio de la Zarzuela, the new leader pointed out that “the Popular Party will make a responsible state policy. We are a party born to write the Constitution, within our DNA is the constitutional Spain & rdquor ;.
Once written, the Constitution is supposed to be followed. And the last time the Judiciary was renewed for five years was nine years ago, in December 2013. The PP has blocked that renewal for three years and four months.
When the PP was about to get a president of its liking for the CGPJ in November 2018 –Manuel Marchenapresident of the Second Chamber of the Supreme Court – with the current election system – previously applied by the governments of Jose Maria Aznar and Mariano Rajoy– did not hesitate to renew the body of judges on time. To the point, even, of yielding the arithmetic majority to the progressive sector in exchange for the presidency of the Supreme Court and the CGPJ.
It was the scandal of the famous whatsapp of the PP spokesman in the Senate Ignacio Cosido in which he explained to his group of 146 parliamentarians that the majority was given up because with the presidency it was achieved “that the votes are not 11-10 but 21-0. And also, controlling the Second Chamber [del Tribunal Supremo] from behind…“. Reliable sources point out that although Cosidó transmitted the message, its author was the then general secretary of the PP, Teodoro Garcia Egea.
Both the PSOE and the PP had agreed on the name of Marchena, which came to light through an interested leak before the members were chosen. The operation, managed by the former Minister of Justice Rafael Catalawhich had the acquiescence of Marchena, and the then Minister of Justice, Dolores Delgadowas shipwrecked and opened an anomalous interregnum that, as has been pointed out, already lasts three years and four months.
Feijóo now has to deal within his field with the media right and out with the criticism of Vox.
“For that right, the institutions are patrimonially of the PP, if you stop having control because legally and constitutionally it no longer corresponds to the term of office expires and you agree to the renewal to which you are obliged is that you are handing over those institutions & rdquor ;, points out a magistrate consulted.
This is the reason why in the agreement document proposed by the Government-PSOE to Feijóo, the “full recognition of the democratic legality of the Government” is required & rdquor;
Another source consulted affirms: “We have reached the height of the constitutional abnormality which is to ask the opposition party to recognize that the government is legitimate. Pedro Sanchez He wants to start from scratch with Feijóo, turn the page of the Pablo Casado stage & rdquor ;.
The Government has set a date for the renewal. On June 12, the nine-year mandate of four magistrates of the Constitutional Court expires: Pedro Gonzalez Trevijanocurrent president; Juan Antonio Xiolvice president; Santiago Martinez Vares and Antonio Narvaez. And there is a fifth, Alfred Montoyawhich must be replaced by disease.
To fill the four vacancies, the Government, according to the organic law of the Constitutional Courtmust appoint two magistrates and the CGPJ two others.
The current CGPJ, already expired, cannot make appointments, according to an organic law approved by Congress at the proposal of the Government in 2021. But this law has been appealed by the PP and by Vox.
If the CGPJ is renewed in May, it would perfectly get to make the two appointments that correspond to the June 12.
But if the new CGPJ is not elected, it would not be insurmountable to renew the TC. There are two possibilities. That the TC itself declare partially unconstitutional –in response to pending appeals– the organic law that prohibited the CGPJ in 2021 from making appointments and authorizing it to comply with the constitutional mandate to appoint the two magistrates of the TC. The other alternative is for the Government to amend its own current law and allow the expired CGPJ to make those two appointments.
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But both resources would make Feijóo look bad. Because he would start off on the wrong foot by continuing the policy of blocking Paul Married.
“The argument of changing the election system cannot serve to continue with the constitutional abnormality. Because it could never be applied to renew this CGPJ. It would be for the renewal that will take place in five years. You can create a presentation at the Congress to prepare this draft amendment. But what is the point if there will be general elections before and, therefore, according to the new majority, everything would be susceptible to change? But if you want to save face, then let it be done & rdquor ;, says a deputy from Congress consulted.