The PSOE has included at the last minute an amendment to force the General Council of the Judiciary to appoint its two magistrates of the Constitutional Court before September 13.
As explained by parliamentary sources to La Vanguardia, this amendment was introduced today by the PSOE at the last minute at the request of the Government. What he intends is that the body of judges not refrain from its obligation to appoint its two magistrates, which would prevent the Government from presenting its own.
According to these same sources, the amendment specifies that if the appointments are not made within this period, the Executive will appoint the two of its own, despite the fact that the Constitution establishes a renewal by thirds. This last decision causes a frontal clash between the Government and the CGPJ.
Precisely the Government, through a proposal from the PSOE, has passed the first hurdle to approve the express reform of the judiciary that will allow the Constitutional Court to be unblocked. This reform had been the first red line imposed by the new president of the PP, Alberto Núñez Feijóo, to unblock the General Council of the Judiciary, in office for more than three years.
The main opposition party presented a document last Monday in which it communicated that it was willing to renew the body of judges if the Government withdrew the reform of the Organic Law of the Judiciary. Government sources have already communicated that this new proposal was a new excuse for the PP and announced that they would go ahead with the reform.
The Plenary of Congress has agreed to process the reform, which will return to the CGPJ, even if it is in office, its ability to appoint its two candidates to the court of guarantees. This measure has been strongly criticized within the body chaired by Carlos Lesmes because it was last year when the PSOE and Podemos decided to modify the LOPJ to prevent the Council from making appointments while it is in office.
This measure, according to Council sources, has collided with the interests of the Government at the moment when the time has come for the body to appoint two magistrates of the TC. If the Council does not make its appointments, the Government cannot present its two candidates, who are essential to move from a conservative majority to a progressive one within the Constitution itself.
This Wednesday the Socialists have carried out both the consideration of their bill and the processing in a single reading. Thus, the Plenary will approve it this Thursday without going through the commission and it will be sent to the Senate. The intention is that it be approved during this month of July and thus be able to appoint the new magistrates in September.
The taking into consideration has prospered with seven votes more than the 176 in which the absolute majority is set and which are the minimum necessary for its approval, as it is an organic law. In addition to the PSOE and United We Can, the ERC, PNV and Bildu have supported it and the Popular Party, Vox and Ciudadanos (Cs) have opposed it.
In his speech, the socialist deputy has blamed the PP for the "boycott" to unblock the judiciary and has asked it to leave the "populism" in which it is established and act with state sentiment.
The PP believes that the reform is "unconstitutional" although government sources defend that while Pablo Casado was still leader of the party, this reform was already negotiated to avoid a new blockade in the TC.
Aranda has accused Núñez Feijóo's party of "alarming constitutional neglect" and of "attacking the institutional foundations." "We are facing the undisguised desire of the PP to disregard its obligations when they touch it," insisted the socialist deputy.
On the part of the PP they have reached out again and offered one last opportunity to withdraw the reform and sit down to negotiate the renewal of the CGPJ. His deputy, Carlos Rojas, has accused the Government of being "unstable and aimless" and of pulling down the "architecture" of Justice.
While for Ciudadanos, this reform is a "trap", those of Podemos see it as essential to counteract the "kidnapping" of the CGPJ by the PP.
