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Date: July 6, 2022 4:46 am

The government decided to change its own strategy in order to overcome the blockade of the General Council of the Judiciary (CGPJ) and try to update the composition of the Constitutional Court by a third in July and thus change the majority from conservative to progressive. The PSOE will present this Friday a bill, which will be considered urgently, to allow the government to elect two judges, whom it must appoint as members of the guarantee court and the judiciary, both of which are its own. The rule proposed by and confirmed by EL PAÍS would allow the CGPJ, even while it is in power, to nominate candidates. If this spin succeeds in unlocking the update, the most likely result will be the election of three progressive and one conservative judges. Two Progressives by government proposal, and one and one by consensus agreement within the CGPJ. So the majority change will be consolidated 7-5 in favor of the progressives – the opposite of what it is now – until the next update.

The PSOE’s planned counter-reform, which will change Article 570 bis of the Organic Law 6/1985 on the judiciary, involves correcting a measure approved by the socialists themselves over a year ago to force the PP to renew the judiciary, which just wasn’t there. United We Can, a government partner, does not support this legal change in principle because it believes it means agreeing to the NP without the conservative formation taking steps to unlock the renewal of the judiciary. The coalition minority group was betting on a decision that the socialist sector also made last week, as the minister of the presidency and the main person in charge of this matter, Felix Bolaños, said at Cadena SER: that the government will directly appoint two magistrates who correspond to it if the PP continued reach out. Although the legal arguments for another option were worked out, La Moncloa finally chose a solution closer to the position of the PP, which had always rejected this reform, which will now be amended.

The executive has already reversed another previous reform it was promoting so that the General Council of the Judiciary could only be renewed by an absolute majority of Congress. Faced with criticism from the opposition, the judiciary and especially the European Commission, the government abandoned this reform and opted for another one that prevented the WPW from making appointments, which eventually turned against it and is now amending it as well. At the heart of all these movements back and forth is the decision of the PR not to renew the composition of the judiciary for three and a half years. Again, as happened with the last partial renewal of the Constitutional Court, when the PSOE and United We Can agreed to vote for such a controversial magistrate as Enrique Arnaldo, La Moncloa takes a new step with no guarantee that the PP will renew the General Council. judiciary, although the new leadership of the main opposition party has said it intends to do so this time.

Unless, finally, he has the support of United We Can or other majority allies, this counter-reform can only proceed with a PP vote. The initiative involves a parliamentary decision full of risks that leaves the PSOE in a very difficult position, although it will allow it to update the Constitutional Court so that over the next few years there will be an absolute majority of progressive judges who will have to deal with sensitive issues such as abortion law . PP, in any case, must support the rule, which is in line with what he has been saying in recent weeks. The people demanded that this law be repealed before the renewal of the judiciary began. An agreement between the PSOE and the PP to renew the four members of the Constitutional Court could open the door for a future renewal of the judiciary. However, La Moncloa decided on this change without notifying PP, according to sources from that party. The conservative formation is upset that they have not received any communication from the government since Election Day in Andalusia last Sunday. The main opposition party also claims that the executive has not contacted them to negotiate legal or economic agreements or to discuss the next NATO summit.

The renewal of the constitutional bodies turned into a very long game of chess between the two great parties, the PSOE and the PP, in which the people blocked the General Council of the Judiciary for almost the entire duration of the Legislative Assembly. On June 12, the terms of office of four of the 12 members of the court of guarantees expired, the renewal of which corresponds to the executive branch (two) and the governing body of judges (two more). According to EL PAÍS, the Constitutional Court was preparing to block the government’s intention to appoint two magistrates of this body, without waiting for the General Council of the Judiciary to be able to choose two, whom it should appoint at the next renewal of powers. the ultimate interpreter of Magna Carta. Finally, the executive branch chose a different path.

The NP, in a completely unprecedented manner, blocked the General Council of the Judiciary for almost the entire legislature. Prime Minister Pedro Sanchez and his immediate negotiators on the issue – at that time Felix Bolaños, minister of the presidency – tried everything with Pablo Casado. The pact was practically closed twice, and at the last moment the leader of the PP backed down due to pressure from the conservative world. Negotiations resumed after the appointment of Alberto Nunez Feijoo as popular president, but so far they have not moved forward, almost three months after his meeting with Sanchez in La Moncloa. The government’s decision was expected after the Andalusians on Sunday, which happened.

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The Constitutional Court took advantage of the visit of European Commissioner for Values ​​and Transparency Vera Yurova on June 16 to argue that an agreement between the government and the NP must be reached as soon as possible to extend it. The Court of Guarantee, through the President of the Court, Pedro González-Trevijano, and the Vice President, Juan Antonio Siola, emphasized that both of them agreed with the European Commissioner that the Constitution must be respected in the process of replacing the four judges.” in full”, an expression that alludes to the fact that the legal position is that the Constitutional Court is renewed every three years by a third. A day later, four former justice ministers — former socialist ministers Juan Fernando López Aguilar and Juan Carlos Campo, and the popular Alberto Ruiz Gallardon and Rafael Catala — agreed in an act of the Madrid Bar that they consider parliamentary agreements to do more than just allow for the unblocking of senior judges.


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