The Supreme Court also requires the renewal of the General Council of the Judiciary. The government chamber of the high court has decided to address the Council by letter warning of the consequences that they may have if they remain in office and, therefore, without the ability to make appointments: there are chambers that have up to six vacant positions and this situation may lead to the high court to collapse.
Lesmes does not resign and distributes blame between the Government and the PP for the blockade of the Judicial Power
The current General Council of the Judiciary has been in office for more than two years since its mandate expired in 2018. Since then, the Popular Party has refused to negotiate the renewal of the body, among other things, due to the presence of candidate candidates supported by We can and more recently for your proposal to modify the election system. For several months a legislative reform has also prevented the CGPJ from making appointments while in office.
The Supreme Government room, chaired by Lesmes, warns of the consequences. They have addressed the Council “expressing their concern about the pernicious consequences, already serious in the near future and which will foreseeably increase, which for the functioning of the Court implies the lack of renewal of the governing body of the Judiciary and the consequent impossibility to fill existing vacancies such as those that may arise in the coming months “.
As explained by the Supreme Court, there are six vacancies in the contentious court, one in the civil court, three in the social court and two in the military court. In addition to those that may arrive in the coming months, especially for retirements. In a statement, he explains, for example, the danger of keeping the social room with vacancies in the face of the avalanche of lawsuits that will come related to the economic crisis of the pandemic: “They are at a juncture in which it becomes more urgent, from the from a legal and social point of view (let’s think about the vicissitudes in the world of work of the pandemic), to resolve with the greatest agility possible some of the questions that they have raised and that will foreseeably continue to arise “.
The government room The Supreme Court is made up of the presidents of the five chambers as well as several elected members and Carlos Lesmes himself, in turn president of the General Council of the Judiciary. It is the first time that the Supreme Government chamber has ruled on this matter. In addition to addressing the Council, the chamber has commissioned a report from the technical cabinet to summarize the judicial calendar it expects for the Supreme Court chambers “in the event that the current interim situation of the General Council of the Judiciary is prolonged.”
More than two years in office
The current mandate of the General Council of the Judiciary expired on December 4, 2018. More than a thousand days later, and after several approaches and failed attempts, there is still no agreement for the renewal. At first, the Popular Party based its veto on the presence of members supported by Podemos – among them Judge José Ricardo de Prada, key in his economic condemnation in the Gürtel case – and later focused its attention on the election system: it demands now the PP that the majority of the members are chosen by the judges themselves, something that it did not implement when it was in government.
One of the consequences of the blockade is that the Council cannot make appointments while its mandate has expired. A reform promoted by the partners of the coalition government, which came into force at the end of March, modified the Organic Law of the Judiciary, preventing new appointments in high judicial instances while the governing body has an expired mandate.
At the moment neither the President of the Council nor the members they have among their plans to resign in sufficient terms to block the functioning of the organism and force a renewal.