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Rejection of the PP complicates the rapid reform of the PSOE to update the Constitutional

Date: July 6, 2022 3:14 am

The PSOE will register this Friday as a matter of urgency and without prior approval from any group, its proposal to amend Article 570 bis of the Organic Law on the Judiciary in order to facilitate an immediate renewal before the summer of the Constitutional Court, achieving a majority from the progressive sector. The socialists justify this haste by the “impossibility” of making a pact with the NP, now led by Alberto Nunez Feijoo, to renew these organizations. The People’s Leader has already stated that he rejects this apparent change, and to the extent that he warned that it suggests a breakdown in negotiations, and confirmed that the government intends to “control the Constitutional Court”, a court that should immediately direct several resources to the laws of the highest importance, such as abortion.

Núñez Feijoo received this new reform promoted by the PSOE with great anger and claims to have learned about it from the press after putting it up on on Thursday evening and confirming it with EL PAÍS. The popular leader believes that this socialist movement is “breaking any bridges in order to continue negotiations” on the renewal of the General Council of the Judiciary. “We have the feeling that the government does not want to agree on anything,” he complained in an interview with Telecinco. The PP, with which the PSOE started negotiations to renew the governing body of the judiciary, rejects the legal initiative: “How are we going to support a change in which the government seems no longer interested in negotiating with the judiciary?” Feijoo asked.

Felix Bolaños, minister of the presidency and head of strategy for the government in this matter, Felix Bolaños quickly responded to Feijoo with an indignant tone that shows a clear distance between the two groups, despite the fact that the change of direction in the PP marked the New Age. “Mr. Feihoo, stop lying. There were no negotiations at the table, you did not sit down for more than 80 days, since you are the president of the NP, ”complained Bolanos. “Every day a dizzy partridge to violate the Constitution, which the PP does every day by blocking the judiciary. No time for excuses. Feihoo cannot refuse negotiations that do not exist, he never sat down at the table, these were all excuses. This is the formula that the PP has defended at public and private events. It is surprising that this formula does not have their approval,” he concluded. Thus, Bolaños seems to be surprised by the rejection of the PP, making it difficult to assert the norm.

United We Can assured that it learned about this initiative from the press and does not sign under it, although it has not yet decided what it will vote for. Bolaños insists that this was “discussed” within the government, although it was clearly not agreed upon. The minister appears to be dismayed by the reaction to his unexpected initiative and explained that the executive could have directly appointed two judges who matched him, but since this “created debate” – the President of the Constitutional Court rejected them – they chose this formula, which, in his opinion , “flawless”. However, everything indicates that it will not be easy to implement, as this is a unilateral initiative of the PSOE without counting on its allies and against the PP. The Socialists will now try to convince their partners with the argument that, thanks to this reform, the Constitutional Court can be renewed and most of the conservatives become progressive. Three Conservative magistrates and one Progressive will leave, and three Progressives and one Conservative will enter, with the 7-5 majority being flipped and becoming Progressive for a few years.

The people promised to send a proposal for a Judicial Council to the government within a month of the Andalusian elections on the 19th, and sources in the NP leadership assure that they will receive this document next week. They point out that the executive branch has not responded to their offer to conclude a treaty with NATO, nor to their economic plan to reduce taxes.

Conversations between Felix Bolaños, minister of the presidency, and Esteban González Pons, deputy secretary of the NP for institutional affairs and justice, were interrupted during the Andalusian election campaign after several previous unsuccessful attempts by the government to contact the popular leadership led by Pablo Casado. But official PP sources claim that González Pons was not aware of this reform being promoted by the government. This movement leaves a wound and further complicates the road, according to the PP. Amending an organic law, such as the law on the judiciary, requires an absolute majority in Congress: the PSOE will therefore have to seek it from its usual partners in parliament who have not yet spoken out.

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The PSOE reform proposal calls for a partial reversal of another previous reform that the PSOE itself promoted and managed to pass a year ago: the ban on the judiciary from appointing judges while they are in office. This reform has kept the CGPJ tied hand and foot for the past year, leading to a near-collapse (as the judiciary itself has condemned) in some of the halls of the Supreme Court, the hardest hit court. Now the Socialists’ new express reform will mean maintaining this ban on appointment, except in one case: the appointment of judges of the Constitutional Court, which the PSOE wants to resume immediately.

PSOE congressional spokesman Hector Gomez explained this Friday the reason for the initiative: “Given the impossibility of reaching an agreement with the PR as the PR does not comply with the constitutional mandate to renew the General Council of the Judiciary. , which is already affecting the renewal of the Constitutional Court, we have chosen this proposal in order to be able to unblock it as soon as possible and so that the two constitutional magistrates can be appointed and properly perform their functions.”

The PSOE will register its proposal this Friday with urgency, with the idea that now the extraordinary plenary session of Congress will be allowed in July, it will be sent to the Senate under special procedure, published and effective as soon as possible, before the summer holidays if possible .

United We Can position

The Socialists only signaled their intention to their coalition partner, United We Can, but Gomez indicated that he hoped to add more support: “We hope to get as much support as possible, as it is a sign of responsibility, as soon as possible to get the system up and running. Constitutional,” he said. United We Can sources say they want to know the details of the proposal signed only by the socialists, but their position in principle is that all constitutional provisions should be completely updated, not just a part.

Vox parliamentary spokesman Ivan Espinosa de los Monteros also spoke out strongly against the government, which he called “totalitarian” and accused of “distrust of institutions”. “He is an autocrat who wants to control everything,” he said of President Pedro Sanchez.

The representative of the Socialists repeatedly pointed out the responsibility of the main opposition party. Gómez called on the PP to “sit down to the negotiating table once and for all and renew the judiciary after three years of blockade.” The socialist sector of the government claims that this action of its parliamentary group in registering the proposal unilaterally should not terminate the pact with the PP. “On the contrary, we want to give normality to the functioning of the judiciary, in this case the constitutional one, and this is a manifestation of maximum responsibility,” Gomez emphasized. And he added: “We cannot continue to wait for a sine die for the NP and that the functioning of the courts in this country and in this case the Constitutional Court is in their hands and in their will.”


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