Still not recovered from the shock caused by the failure of the last attempt to renew the General Council of the Judiciary, the members have begun to hold informal conversations to reposition themselves in this unforeseen scenario and face the prospect of another long season in the institution, which will serve four years on December 4 in extension of mandate.
All the members took it for granted that “this time was the right one” and had already begun to collect their things from the offices. They will have to put them back: the majority, if not all, of the councilors no longer trust that the PSOE and the PP will resume negotiations. This option is considered more unfeasible the closer the pre-election campaign regional and local in May.
The interpretations of what happened -or, to put it better, the attribution of blame- differ depending on whether one sector or another is asked. A member of the minority proposed by the PSOE affirms that “this abrupt end to the negotiation reflects Feijóo’s inconsistency and the irresponsibility with which State affairs are dealt with”.
[La negociación del CGPJ saltó por los aires a falta de que Sánchez y Feijóo cerraran dos puntos clave]
For the members of the majority, on the other hand, it has become clear that “Sanchez is not to be trusted. Feijóo should have followed his instinct and not given wings to a negotiation with someone who, at the first opportunity, is going to risk it to favor the independentistas “.
Some and others, however, are willing to sit back down immediately to resume the negotiations on the election of the two magistrates of the Constitutional Court that corresponds to designate the CGPJ.
The TC is pending the filling of the vacancy caused by the resignation of Alfredo Montoya and the substitution of four magistrates who finished their mandate in June. Two of them are going to be chosen by the Government and the other two are the object of a negotiation that the majority and the minority of the CGPJ began in September.
The renewal process of the TC was completely interrupted on October 10 when, as a result of the resignation of Carlos Lesmes as president of the Judiciary, Pedro Sánchez and Alberto Núñez Feijóo met in Moncloa and opened the door to a “last attempt ” for the substitution of the CGPJ.
From the Government and from the PP it was transmitted to the members to leave their negotiation on the TC in standby given that the election of the two new magistrates would remain in the hands of the future Council.
[La resistencia de los ministros jueces impidió que el acuerdo del CGPJ se firmara el martes]
But now the members of both sectors consider a priority give the TC institutional normality of which the CGPJ is being deprived and they consider that electing the two new members of the Constitutional “is one of the first things we have to do”.
“In the end, we must continue to function,” the two sectors coincide in stating. The CGPJ is responsible for numerous management tasks of the judicial career without which the Courts and Tribunals would not be able to function.
The directors plan to hold a plenary session on the 10th that they thought would be the last and would serve as their farewell. Now they will dedicate it to discussing what issues they have pending and how and when to move them forward.
The Lesmes Way
The renewal of the TC will occupy a preferential place in that calendar. The negotiating committee held its last meeting on October 5 and, after it, the minority terminated the negotiation and announced that it would explore an “alternative” agreement through Carlos Lesmes, still president of the institution.
The minority found that there was no “perspective of any immediate agreement” in a “temporary and concrete” horizon, and tried to get Lesmes to capture the necessary votes in the majority group to make the appointments outside the eight members proposed by the PP who, according to her, they were blocking the renewal of the TC.
Ultimately, it was about Lesmes dividing the majority sector, which was not achieved.
In the end, it was the president himself who resigned, giving rise to the PSOE and the PP resuming negotiations on the broken CGPJ last Thursday.
The minority hopes that the members proposed by the PP present candidates to the TC, which they have not done so far. “You can not continue to make the partridge dizzy,” they indicate.
But the minority itself will also have to clarify itself, given that the favorable proposal for José Manuel Bandrés -the candidate preferred by the Government- generates division within the group and is not accepted by the majority either.
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