The Popular Party has registered in the Constitutional Court the request for the recusal of magistrate Laura Díez in the cause of the foreign vote in Madrid, for concurring in the cause of recusal included in article 219 of the Law of the Judiciary, as well as for the absence appearance of impartiality.
Laura Diéz is a speaker for this process and, according to several media outlets, she defended the presentation favorable to the admission for processing of the amparo appeal presented by the PSOE, which had the vote against the judges of the conservative wing César Tolosa and Enrique Arnaldo , remembers the PP. Article 219 of the Judiciary Law states that it is a cause for recusal "to have participated in the investigation of the criminal case or to have resolved the lawsuit or case in a previous instance."
Regarding the absence of objective impartiality, the PP alleges that Laura Díez held a senior position in the PSOE Government, working under the direct orders of Carmen Calvo and Félix Bolaños from February 4, 2020 to April 26, 2022. and remember that she was appointed magistrate in the TC by the Sánchez government itself, like the former minister Juan Carlos Campo. For this reason, the PP considers that her interest in favoring the interests of the PSOE and Minister Bolaños constitute objective elements to fear due to a lack of impartiality.
The TC must resolve before the 13th the substance of the appeal filed by the PSOE against the Supreme Court's decision to reject its request to review more than 30,000 invalid votes counted in Madrid after the general elections and annul the proclamation of PP leader Carlos García Adanero as a deputy elected after the count of the external vote (CERA) in that constituency that gave one more seat to the PP to the detriment of the PSOE.
If the TC were to uphold the PSOE's appeal and in the new count achieved the lost seat, it would no longer need Junts' yes in a possible investiture of Pedro Sánchez if the investiture of Alberto Núñez Feijóo, which is held on September 26, fails. An abstention would be enough, which would change the terms of the negotiation with Carles Puigdemont.
