Urgent plenary session in the TC to decide if it paralyzes the reform of the Government on its renewal

The Constitutional Court (TC) will convene an extraordinary and urgent plenary session to decide whether or not to admit the appeal presented by the PP, in which the formation requests to paralyze in a very precautionary manner the execution of the agreement of the Bureau of the Justice Commission of Congress that allowed the processing of partial amendments —to the bill that repeals the crime of sedition— by which the Judiciary is modified.

Thomas Osborne
Thomas Osborne
14 December 2022 Wednesday 07:32
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Urgent plenary session in the TC to decide if it paralyzes the reform of the Government on its renewal

The Constitutional Court (TC) will convene an extraordinary and urgent plenary session to decide whether or not to admit the appeal presented by the PP, in which the formation requests to paralyze in a very precautionary manner the execution of the agreement of the Bureau of the Justice Commission of Congress that allowed the processing of partial amendments —to the bill that repeals the crime of sedition— by which the Judiciary is modified.

As reported by the guarantee court, this Wednesday the amparo appeal presented by the deputies of the Popular Parliamentary Group has entered the court registry and the presentation of the matter has fallen on magistrate Enrique Arnaldo.

Thus, the president of the Constitutional — after having consulted the vice president — has agreed that "he will propose the invocation by the Plenary of the knowledge of the appeal in an extraordinary and urgent call."

From the court they have specified that in said plenary session "it will be resolved on the admission to processing of the appeal for amparo and, where appropriate, on the very precautionary measures requested" by the deputies of the PP.

The appeal of the 'popular' is directed against the agreement of the Bureau of the Justice Commission, of last Monday, December 12, by which the partial amendments number 61 and 62 raised by the PSOE and the United Nations are admitted, among others. We can in the framework of the bill that repeals the crime of sedition.

In these amendments, the PSOE and Unidas Podemos propose going from a three-fifths majority —which now requires at least 11 votes— to a simple one for the CGPJ to designate its two candidates for the TC and that, in the event that the The government of the judges continues to fail in its obligation to send two candidates to the Constitutional Court, their members can be held criminally responsible.

In addition, said amendment contemplates that, instead of each of the 18 members proposing and voting for two candidates, they propose and vote for only one, which -according to the CGPJ sources consulted by Europa Press- will guarantee that the two most voted are the aspirants chosen by each block of the Council (the progressive and the conservative). This is, in the case of progressives: magistrate José Manuel Bandrés.

In its appeal, the PP also points to the agreement of the president of the Justice Commission Felipe Sicilia yesterday, Tuesday, by which it was decided not to convene the Board of said commission to resolve the reconsideration that the party raised against the agreement on Monday.

AGAINST THE "ATTACK" ON THE JUDICIAL POWER

The Constitutional decision takes place after this Wednesday the general secretary of the PP, Cuca Gamarra, announced at a press conference that her formation had filed an appeal for amparo for the "attack" of the Government on the Judiciary with its penal reform and He has demanded that the guarantee court rule before the plenary session this Thursday, which will debate the PSOE and Unidas Podemos bill.

Gamarra assured that the processing of the law that began by repealing the crime of sedition, then "made corruption cheaper" with the change in the crime of embezzlement and now they want to "introduce through the back door the modification of two organic laws to control the TC", the law of the Judiciary and that of the Constitutional Court.

The PP thus defends its decision to present an appeal for protection for the two amendments that, as it has stressed, seek to "control" the TC and "whose unconstitutionality is manifest."