The Plenary Session of the Constitutional Court has rejected the unconstitutionality appeals filed by the PP and Vox against the reform of the law that prevents the General Council of the Judiciary (CGPJ) from making appointments while it is in office.
This reform was approved in April 2021 at the push of the PSOE and Podemos after the PP refused to renew the body of judges, in office since December 2018. The two parties that made up the Government intended in this way to force the main opposition party to renew the body of judges after the end of their term. The idea was that the PP would find itself between a rock and a hard place if the Council, with a conservative majority, could no longer continue making appointments of magistrates in high courts.
Judges Ricardo Enríquez, Enrique Arnaldo and César Tolosa and Judge Concepción Espejel have announced a dissenting vote, all of them considered to be from the conservative sector.
The presentation that has come forward has been the one written by María Luisa Balaguer, who is now also going to take over the one initially made by César Tolosa - and who supported the unconstitutionality of the reform - to be modified.
Balaguer's presentation defends the constitutionality of the reform because he understands that it fits into article 122 of the Magna Carta: “The organic law (of the CGPJ) will establish its statute and the regime of incompatibilities of its members and their functions, in particular, regarding appointments, promotions, inspection and disciplinary regime.” For the speaker, the law is what establishes the functions of the body and therefore these can be modified or corrected legislatively, as court sources maintain.
