The Minister of the Presidency, Félix Bolaños, delivered this morning to the European Commissioner for Justice, Didier Reynders, a written in English with the “excuses that the PP has given to avoid the renewal of the General Council of the Judiciary”.
The governing body of the judges has been in a mandate extension since December 2018, when its 21 members had to be replaced.
To carry out this renewal, currently in the hands of Parliament, an agreement between the PSOE and the PP is essential, given that a reinforced majority of three-fifths of both Chambers is required.
[El Gobierno se enroca ante el comisario de Justicia de la UE: no cambiará la ley para renovar el CGPJ]
Reynders has been in Madrid since yesterday on a trip to facilitate institutional renewal through interviews with both parties, to which he has reiterated the criteria of the European Commission.
Brussels underlines that the priority is to renew the CGPJ, even with the current law, and then reform the system for electing the members of the Council so that, avoiding any political intervention, the 12 that come from the Judiciary are chosen by the judges .
As Bolaños stated at the end of the meeting with Reynders, the reason for the non-renewal of the governing body of the judges is exclusively the Popular Party’s position of “obstructionism.”
To make it clear, the document that the Minister of the Presidency has delivered to the European Commissioner for Justice reproduces ‘tweets’ and public statements by PP leaders, as well as journalistic information that has reflected his position on the change of the CGPJ.
Most belong to the stage in which Pablo Casado was at the head of the PP, but the last five are from the current stage of Núñez Feijóo. Bolaños has summoned the current popular leader to demonstrate “not at the height of the State”, but to have “responsibility and patriotism” and “stop damaging the reputation of Spain outside our borders and renew the CGPJ in compliance with the law”.
The 19 points of the writing are the following:
1.Independistas and batasunos (August 21, 2020)
“There is no possible pact with those who call for the abdication of the Kingthe independence of Catalonia and the whitening of batasunos”.
There is no possible agreement with those who ask for the abdication of the King, the independence of Catalonia and the whitening of the Batasunos. We are the alternative to Sánchez and not a replacement for Podemos, nor a substitute crutch. We aspire to defeat him at the polls and make a better Spain. pic.twitter.com/iD2Wtg42eC
– Pablo Casado Blanco (@pablocasado_) August 20, 2020
2. Podemos attacks the King (September 2020)
“The PP stated in a statement that the attacks by the second vice president of the Government and leader of Podemos, Pablo Iglesias, on King Felipe VI after learning of the departure of Juan Carlos de Borbón from Spain, frustrated the negotiation for the renewal of the CGPJ.”
3. Podemos must be left out of the negotiation (October 19, 2020)
“Podemos cannot be part of negotiations that are up to the parliamentary majority of 3/5 (PP and PSOE) and we do not have to assume that the PSOE has agreed with Podemos to be in the Government”.
Four. For after the Catalan electionsif UP stays out and if there are no pardons (December 9, 2020)
“The PP affirmed that it has a ‘clear will’ in agreement with the Government to renew the CGPJ, and is waiting to find a ‘window’ of opportunity to make it possible, provided that its conditions are met. (…) They are willing to agree on any time, at the latest after the Catalan elections, if the Executive leaves UP out of the process and does not pardon the procés prisoners beforehand, according to popular sources”.
5. They prefer everything to stay as it is (December 2020)
Teodoro García Egea: “I prefer that (the CGPJ) continue as it is than that members of Podemos enter an institution that it despises.”
6. Vetoes to judge De Prada and Victoria Rosell (February 2021)
“The PP vetoed the candidacies of Judge Prada and Judge Rosell.”
7. Because there are elections in Madrid (March 2021)
“The PP considers that it will be more difficult to reach an agreement for the renewal of the institutions in this period, and has practically thrown in the towel.”
8. The judges must choose the judges (April 21, 2021)
“The judges should be chosen on Thursdays. If Sánchez accepts judicial independence and that the judges elect the judges, tomorrow we will renew the CGPJ as required by the Constitution.”
9. System change (May 2021)
Pablo Casado: “If there is no change in the CGPJ’s election system, there is no pact.”
10. Pardons for those convicted of the ‘procés’ (July 24, 2021)
“Attacks on the Supreme Court for saying that you cannot pardon those who do not repent and those who have dealt a blow to legality in Spain. Attacks against the Prosecutor’s Office for saying in 12 reports that prisoners who have committed a clear attack of sedition cannot be pardoned. Who is blocking institutional renewal?”
“Who is blocking institutional renewal, the PP, which defends what Europe says, or the Government, which attacks the Supreme Court, the Constitutional Court and the Accounts Court, and puts its friend as attorney general?”#16CongressPPBalears #centratsenlaternativa
— Popular Party (@populares) July 24, 2021
11. Sánchez is not to be trusted (September 7, 2021)
“Let the renewal of the law be done before, and the problem will be solved forever. We do not trust the government, because three times they have failed to keep their promise and have broken off the negotiation.”
12. “Sánchez is not a normal president” (September 21, 2021)
Javier Maroto, in an interview on TVE, assured that in “a normal situation with a normal president” the CGPJ would already be renewed, but he has argued that Sánchez “is not a normal president”, since, in his opinion, “he has three years lying to his family and to the rest”.
13. Depoliticize Justice (September 2021)
“It is not possible to renew the constitutional bodies without advancing in their depoliticization and impartiality.” “We want to put an end to the revolving doors between the Government and justice. No politician could make the leap from Congress to the CGPJ again.”
14. Model that equates us to the EU (October 2021)
García Egea: “There is a possibility of agreement as long as progress is made in a model that equates us to the European system. Let the judges choose the judges.”
Pablo Casado: “What I ask is that you pay attention to Europe and proceed to modify the Organic Law of the Judiciary and also renew the CGPJ”.
fifteen. For after the Andalusian elections (May 13, 2022)
Feijóo tries to “cool down the level of tension that the Government has caused in recent weeks” so he is committed to waiting for the end of an electoral period “very important in Spain, which are the Andalusian elections, and the PP undertakes to present a proposal for the reform and updating of the CGPJ”, he indicated in an interview on RNE.
16. Link to more agreements (June 13, 2022)
“From us they only want us to unblock the issue of the judges”, they lament in the direction of the PP in reference to the renewal of the CGPJ. Feijóo is willing to open a negotiation after the Andalusian elections, although they warn that there must be a “global agreement” that includes reforms for the “regeneration” of justice”
17. Withdrawal of the law that reforms the appointments of the TC (July 12, 2022)
“The PP accepts that the renewal proceed with the current law in hand, despite the fact that a change in the law has been required for three years so that it is the judges, and not Parliament, who elect the twenty members of the CGPJ. However, the condition is the withdrawal of the reform that is expected to be approved in Congress on Thursday”
18. There is already an agreement with ERC (September 27, 2022)
Alberto Núñez Feijóo: “The feeling we have is that the Government has an agreement with ERC or other partners to appoint magistrates of the Constitutional Court.”
19. If the election system is negotiated at the same time
“The PP conveys to Commissioner Reynders its willingness to immediately reform the CGPJ and the TC if the reform of the election system is negotiated at the same time”
Pons: Fulfill the EU mandate
The deputy secretary for institutional affairs of the PP, Esteban González Pons, has stated, for his part, that during his conversation with the European Commissioner for Justice he has explained that the blockade is the result of the “undesirable” situation experienced in recent years in Spain and that the PP “wants to rebuild by building bridges”
“The situation cannot continue because it is judicially unsustainable, politically toxic and internationally it is damaging and will damage Spain’s image abroad much more,” said the popular leader.
“Imagine that the Spanish Presidency of the European Union can start with a report on the rule of law in Spain, in which it is equated with the Hungarian or Polish. That would delegitimize the entire Spanish presidency of the EU”, he added.
González Pons lamented that “they have to come from abroad to help us solve a problem that should not have occurred” and assures that “as a Spanish politician” he is not proud to receive a European commissioner who “comes in good faith to help us solve what we have not been able to”
“Among the things that differentiate me from the Government is not giving instructions, nor suggesting, proposing or threaten the members of the Council. They are autonomous to make their own decisions. It is an independent power of the State”, she has indicated.
He has assured that his party is willing to “fulfil the mandate of the European Commission” in relation to the change in the model of election of the judicial members, so that, at the same time that the organ of the judges is renewed, a decision is made on the form of election of the next CGPJ. “Here is our offer: let the judges of the new Council tell us which system they prefer,” he said.
According to González Pons, the electoral calendar does not affect the renovation of the institutions and warns that it is “urgent”. “Our deadline is every day. We cannot keep postponing the renewal and change of model”, he stated.
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