Sunday, January 29

The PSOE asks ‘in extremis’ the Constitutional Court to reject the PP’s maneuver to stop the renewal of the court

The PSOE parliamentary group in Congress has written to the Constitutional Court to request the judges to reject the urgent suspension requested by the PP regarding the reform with which the Government intends to unblock its renewal. In a letter, the Socialists demand that they be allowed to appear in the processing of the appeal and request that a process of allegations be opened after rejecting the very precautionary request of the Popular Party.

A court coup

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“An interference of this nature by the Constitutional Court would place the supreme interpreter of the Constitution in a position that does not correspond to it, advancing, through a precautionary measure, a substantive resolution regarding a possible procedural defect, which, if it occurs, could be verified later ”, warn the socialists in the text.

The appeal was presented yesterday and in it, the PP requested the suspension of the agreement of the Justice Commission of the lower house to admit several amendments with which the executive intends to modify the system of majorities of the General Council of the Judiciary and that the blockade that several conservative members have imposed for months to appoint two new Constitutional magistrates can be circumvented.

The plenary of the guarantee court meets this Thursday urgently starting at 10 in the morning to decide if, as requested by the PP, they decree the suspension of the process without opening a claim process. The PSOE understands that the requirement of “difficult to repair damage” that would justify such a decision is not met since the processing of the reform “has not concluded” and “will continue in accordance with the provisions of the Constitution and Parliamentary Regulations”.

The PSOE also warns of the consequences of suspending from the Constitutional Court the processing of a legal reform through this urgent route. “It is evident that, in this case, the adoption of the precautionary measure causes a disturbance in a constitutionally protected interest. The adoption of a very precautionary measure such as the suspension of all or part of a procedure in progress in the Congress of Deputies would affect one of the foundations of our democracy. The exercise of legislative power by the Cortes Generales is one of the bases of the Rule of Law and agreeing to the suspension of a legislative procedure that is currently taking place in the Chambers would directly affect it, ”explains the letter.

“There are no precedents in the Cortes Generales of the suspension of the legislative procedure due to the complaint or appeal of a minority of deputies or parliamentary groups regarding the procedure developed,” this letter also says.