The Plenary Session of the General Council of the Judiciary will not choose this Thursday to the two members of the Constitutional Court whose designation corresponds to the governing body of the judges. Nor is there a time period that allows forecasting when the appointments will take place.
The renewal of the TC, pending since the term of four of its members expired last June (the other two will be appointed directly by the Government), is at a standstill due to the fact that the progressive sector of the CGPJ, made up of the members appointed at the proposal of the PSOE and IU, has not accepted the negotiation criteria proposed by the conservative majority in the last meeting of the negotiators, on the 16th.
After a meeting of just over half an hour held late this morning between the interlocutors of the two sectors of the Council, the majority group has reported that the minority “does not accept the methodological change that was proposed to them”, consisting in which the negotiation is not a “mere exchange of trading cards” in which each group accepts without further ado the candidate of the other, but rather a debate of profiles, trajectories and professional merits takes place.
[La elección de los nuevos miembros del TC por el CGPJ se aleja: que se haga el día 24 es “improbable”]
The minority, which on November 3 voted by majority for Supreme Court magistrate José Manuel Bandrés as its candidate for the TC, is not willing to put any other name on the table.
For most, this means “that [los vocales de la minoría] they refuse to assess and negotiate different candidates so that the two that are named respond to the election of both groups. They do not accept any other candidate than Bandrés and they do not accept a methodology that supposes a real debate on the suitability of all kinds of candidates”.
The representatives of the majority, José Antonio Ballestero and Carmen Llombart, have agreed to convey the minority’s decision to their group and will give an answer next Wednesday, when a new negotiating meeting has been set.
This means that in the ordinary plenary session that the CGPJ plans to hold this Thursday there will be no appointments.
The delay in the renewal of the TC by the General Council of the Judiciary may lead the Government to appoint the two members of the Constitutional Court that correspond to it in the coming weeks, without waiting for the governing body of the judges.
This would extend the institutional tension to the TCwhich would face the decision of giving the placet alone to the two members chosen by the Government instead of the four that, in accordance with the Constitution, must be subject to simultaneous renewal.
[El Supremo mantiene la designación de Rafael Mozo como presidente suplente del CGPJ]
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