The members of the General Council of the Judiciary have committed themselves this Thursday to hold a vote at its next regular meeting to try to elect the two members of the Constitutional Court that it corresponds to designate. The plenary session is convened for December 22.
As planned, the Plenary of the CGPJ has not proceeded today to appoint the two magistrates of the TC who will fill the vacancies of the current vice president, Juan Antonio Xiol, and Santiago Martínez-Vares, elected by the Council in 2013 and who finished their mandate last June.
Nor have names been put on the table beyond the closed defense that Álvaro Cuesta has made of Supreme Court magistrate José Manuel Bandrés, elected candidate from the minority sector.
[El grupo progresista del CGPJ se enroca en Bandrés como único nombre y pone en riesgo el cambio del TC]
Cuesta has stated that he does not understand why Bandrés is said to have a pro-government profile and has made it clear that he is the only candidate in his group and no other name will be proposed as it is a “magnificent” magistrate.
“We have no doubt that Bandrés is magnificent, but there are other equally magnificent magistrates,” the majority group has answered, rejecting that the TC renewal process consists of each sector presenting its candidate and he has to be necessarily accepted by the other sector.
That, affirm the members proposed by the PP, “is not a negotiation on the most suitable profiles, it is a mere trading cards“.
The vocal José María Macías has made it clear that the commitment acquired for December 22 is “the Commitment to vote, not appoint“.
The tension, also in the TC
By then it is probable that the Government of Pedro Sánchez, wishing that the TC change your current conservative majority to a progressive onehas already named the two members of the Constitutional that it corresponds to elect.
“Perfect”, they answer from the majority sector of the CGPJ, “so we know what profiles they have”.
If the Government appoints ‘its’ two TC magistrates without waiting for those of the governing body of the Judiciary, the institutional tension will be transferred to the guarantee court, which has to verify that the requirements to access the position are met.
The first of these requirements, consider TC sources, is that the Constitution is complied with, which establishes that the Constitutional must be renewed by thirds, that is, four magistrates. This would prevent giving the placet to the incorporation of only the two members designated by the Executive.
Another sector of the TC defends that the renewal cannot depend on the CGPJ wanting to choose to the two magistrates who touch him and maintain that, given the five-month delay in the renewal, it is necessary to give the pleacet to the two appointed by the Government and to elect a new president of the Constitutional Court.
[El Supremo mantiene la designación de Rafael Mozo como presidente suplente del CGPJ]
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