The judicial course begins like a pressure cooker. This Wednesday marks the opening of the judicial year, presided over by King Felipe VI, and what is expected is a more tense speech by the President of the Supreme Court and the General Council of the Judiciary (CGPJ), Carlos Lesmes, who that of other years. The confrontation between the PSOE and the PP to renew the government of the judges, which is on its way to expiration for four years, is making a dent within the Council itself, which feels victimized in two ways. On the one hand, he sees that he is in the middle of a political dispute that affects his credibility and image of independence. And on the other hand, the conservative part of the body sees intolerable the pressure that the Government is exerting the third power of the State.
Given this scenario, the beginning of the course begins with a tense atmosphere. While the two main parties continue with their tug-of-war, the CGPJ has to make a relevant decision in the coming days and sources from the body acknowledge that for now there are practically no contacts. Next Thursday, the 8th, a plenary session is called for the twenty members to elect two magistrates of the Constitutional Court, as established by the Magna Carta.
In a last-minute move in July, the majority of the government changed the law to give the CGPJ a period of three months to name its candidates, which expires on September 12. Certain members feel "kidnapped" by this Executive and threaten veiledly not to reach an agreement in a timely manner. The tradition is that the progressive block proposes a magistrate and the conservative presents his. Sources from the body of the judges assure that there are still no clear names and they doubt very much that they are defined for the plenary session already convened.
Added to this situation is the increasing pressure from judicial associations to stop this judicial and institutional blockade, and from Europe the Commissioner for Justice has already warned political representatives to seek an urgent solution. The PP seeks a commitment from its political rival so that the system for electing members is modified and they are appointed by the judicial career itself and not by Parliament.
In the last stage of Pablo Casado, who initiated such a blockade, there seemed to be signs of an agreement with the PSOE, but the arrival of Alberto Núñez Feijóo to the presidency of the PP has once again caused a new blockade under various arguments. Socialist sources believe that the popular do not want to solve the problem to tighten the rope until the general elections. While from the opposition they consider that Pedro Sánchez is twisting the laws to his advantage.
While an arrangement is being sought, both the CGPJ and the TC find themselves in an interim situation that is causing destabilization in the judicial world. The court of guarantees has yet to enter the fund of the appeals against various star norms of Sánchez, such as euthanasia or the Education law, better known as the Celaá law.
However, the body most affected by such a blockade is the Supreme Court, which already speaks of "collapse." The lack of magistrates is causing a decrease in sentences and a malfunctioning of the court. In addition to this lack of human resources, the high court will probably be in the eye of the hurricane again when it holds the next trial for the procés, with the former leader of the CUP Anna Gabriel and the former minister Meritxell Serret as defendants, pending trial when fleeing from justice was found when the oral hearing was held against former Catalan vice president Oriol Junqueras and the other 11 leaders of the procés.
Both have voluntarily surrendered to Justice and are now awaiting trial. That means that we will have to remember what was experienced during the fall of 2017, at a time when the independence tension has eased. Without taking into account that in the coming months the delivery of Carles Puigdemont to Spain could be resolved, which, if it occurs, would cause a new political and judicial crisis.
