The Contentious-Administrative Chamber of the Supreme Court has rejected this Wednesday the precautionary measures requested by the member of the General Council of the Judiciary Wenceslao Olea and by the general secretary of the institution for that Rafael Mozo be removed from the alternate presidency of the CGPJ.

Mozo will therefore remain in office while the high court resolves the challenge to his appointment, made by the CGPJ after the resignation of Carlos Lesmes on October 10.

16 of the 18 current members of the General Council of the Judiciary appointed Mozo as substitute president on October 13, as he is the oldest counselor.

[El Tribunal Supremo rechaza suspender la presidencia de Rafael Mozo sin oír antes al CGPJ]

That decision was challenged by Olea and by the general secretary of the CGPJ, José Luis de Benito, considering it contrary to law to designate a president of the Council different from the one of the Supreme Court.

In his opinion, having limited the powers of the CGPJ, the Plenary would lack the power to appoint a president, even if he is a substitute. The acting presidency of the governing body of the Judiciary, they argue, should be assumed by the acting president of the Supreme Court, who is currently the president of the Civil Chamber, Francisco Marín.

Prior to rejecting the precautionary suspension of Mozo’s appointment, the Chamber has decided reject the abstention of José Manuel Bandréswhich had been requested by the General Secretary of the Council, José Luis de Benito, because that magistrate is the candidate of the minority sector of the CGPJ to access the Constitutional Court.

The agreement of the high court clears up one of the reasons that the majority sector of the governing body of judges has alleged to delay the election of the two new members of the Constitutional Court that it is up to you to designate. Last June, the mandate of the current vice president of the TC, Juan Antonio Xiol, and Santiago Martínez-Vares, appointed by the CGPJ in 2013, expired.

On the agenda of the plenary that the CGPJ plans to hold tomorrow, Thursday, there is the matter of the renewal of the TC, although it is unlikely that the appointments will be made.

[La elección de los nuevos miembros del TC por el CGPJ se aleja: que se haga el día 24 es “improbable”]

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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