The agreement for the renewal of the General Council of the Judiciary was practically done, but not completely closed. The negotiators – the Minister of the Presidency, Félix Bolaños, and the PP’s deputy secretary for institutional action, Esteban González Pons – had left in the hands of Pedro Sánchez and Alberto Núñez Feijóo the final decision on two important aspects, although not insurmountable, affirm sources of the negotiation.

The talks to replace the governing body of the judges were blown up before Sánchez and Núñez Feijóo held a last meeting in Moncloa, which the Government had scheduled for this Friday, in order to resolve the latest issues and seal the written pact prepared by his seconds.

The first issue that the President of the Government and the President of the PP had to close referred to the determination of the popular in that the agreement included the reference to a possible future reform of the election system of the members of the judicial shift of the CGPJ, such as demanded by the European institutions.

[El Gobierno, “indignado” con Feijóo: “Ayer empezó su declive. No es autónomo ni un interlocutor válido”]

The second was intended to new composition of the Constitutional Courtwhich is pending the replacement of four magistrates who finished their term in June and the filling of the vacancy caused by the resignation of Alfredo Montoya.

The court choice

Regarding the method of electing the 12 councilors of the Judiciary who must be judges or magistrates, the PSOE had already accepted the PP’s request that the agreement contemplate that the new CGPJ would be in charge of making a reform proposal.

The point of controversy pending resolution centered on the fact that, in accordance with the socialist position, the proposal of the CGPJ would deal with the “possibility” of a judicial election of the 12 members. For his part, the PP negotiator argued that the newly appointed Council “necessarily” should pronounce on the decisive intervention of the judges in the appointment of the advisers of the judicial turn.

With the first formula, the eventuality of modifying the election system was left up in the air since the new CGPJ might or might not assess it. With the second, the Council was forced to contemplate the election of the judicial members by their peers.

Regarding the second point still open, the PP hoped that in the meeting between Feijóo and Sánchez, the latter would communicate the names of the two jurists chosen by the Government as new magistrates of the Constitutional Court.

[La resistencia de los ministros jueces impidió que el acuerdo del CGPJ se firmara el martes]

The interest of the PP was that the Executive, which is not subject to any restrictions in that election, did not “sneak in” a pro-independence jurist to satisfy ERC, which it needs to carry out the General State Budgets and the legislative agreements that remain in the legislature.

The PP, on the other hand, had stopped making an issue of the Presidency of the TC so that Cándido Conde-Pumpido does not relapse. On this point, the same as with regard to the Presidency of the Supreme Court and the General Council of the Judiciary, the agreement reached indicated that it would be the members of these bodies who would have to decide.

That is, in reality, what the organic laws of the TC and the Judiciary establish. But in previous renewals the presidency of the courts has become part of the negotiation between PSOE and PP.

Bolaños and González Pons had already completely closed the names of all the members of the CGPJ, both the regulars and the alternates. Even some of them had already been notified of his imminent appointment, which has been frustrated when Feijóo considers the reduction of sentences for the crime of sedition planned by the Government to be an unaffordable red line.

The PSOE had accepted that Montoya’s vacancy in the TC would be covered by a jurist proposed by the popular party, although party sources assure that the PP had not yet decided on the name of its candidate.

A provision for ministers

They had also agreed on measures to depoliticization of justicenotably the ban on “revolving doors.”

The pact was to introduce a modification in the Organic Law of the Judiciary to establish that the members of the judicial career who accept to hold political positions and who, upon leaving them, wish to return to the Judiciary, will not be able to exercise jurisdictional functions without solution of continuity, as it happens now. They would be subject to a two-year waiting period, during which they would be assigned to the president of the court that corresponds to them for non-jurisdictional functions.

Pons and Bolaños had agreed on a Transitional provision by which the previous rule was applied to judges or magistrates who are currently holding political positions. The restriction of the revolving doors thus fully affected the ministers Margarita Robles, Fernando Grande-Marlaska and Pilar Llop, which they had not liked at all.

Source: Elespanol

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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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