Tuesday, November 28

A divided Judiciary renounces taking the reform to Europe to unclog the renewal of the Constitutional

A plenary session of the divided General Council of the Judiciary has approved asking Congress to report on the reform proposed by the PSOE to unclog the renewal of the Constitutional Court, but the group of conservative members that promotes the proposal has given up taking the case to court. European Commission, as initially requested, to facilitate the agreement. The agreement of the plenary session, whose mandate has expired for more than three years, has gone ahead by the minimum with 10 votes in favor, 7 against and 2 abstentions, as elDiario.es has learned.

The Government promotes a legal reform to unblock the renewal of the Constitutional in July

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The first proposal included the agreement “to address the European Commission to report on the aforementioned bill”, but the agreement finally approved by the minimum puts it in the hands of Congress to “collect the report of the European Commission for Democracy through Law (Venice Commission)”.

The agreement is, in any case, critical of the content of the reform. They understand that their justification is “contradictory and incoherent” and also convey the “deep concern” that the Supreme Court’s governing chamber has recently raised both for the lack of renewal and for “the legal impossibility of making discretionary appointments” that, according to the complaint, they are creating. a situation that “if it continues, it will be unsustainable.”

The initiative, which has partially gone ahead, came from a group of nine members of the conservative sector of the General Council of the Judiciary. A group that proposed to the plenary to study the possibility of repeating the confrontation that it already had with the central executive on account of the reform that prevented them from continuing to make appointments while their mandate had expired. The matter was going to be debated in a previous plenary session but had to be suspended due to the death of Victoria Cinto, one of the members of the governing body of the judges.

This group of members sought two things: to be able to report on the PSOE’s proposal to unblock the Constitutional Court and, if necessary, take the case and its request to the European Commission. A rejection similar to that already shown by the Council when, in 2021, the Government reformed the Organic Law of the Judiciary to prevent them from continuing to make appointments in high judicial instances with the mandate expired since December 2018.

Finally, the agreement has gone ahead for the minimum and in the medium term, and withdrawing that part that proposed to take the case directly to the European Commission if necessary. This group of members understands that it is already foreseeable that the community authorities will demand compliance with European standards in their next report on the rule of law, and they understand that it would not make sense to maintain this request.