The Constitutional Court will activate the mechanism for the General Council of the Judiciary (CGPJ) to unlock its internal situation and propose its two magistrates after the Government announced that it did not wait another minute and presented its two applicants, for the body of guarantee.
Sources from the Court explain that once the Executive's proposal, announced yesterday in the Council of Ministers, formally arrives, it will be communicated to the council of judges so that they can propose both of their own. That the four names arrive is important because the Constitution establishes that the renewal of the TC must be done by thirds, this means four by four.
That is the reason why, according to these sources, the High Court will avoid, in this week's plenary session, assessing the suitability of the two government candidates, which is called giving them the placet.
To avoid a clash within the court itself, these sources maintain that they will wait for the Judiciary to appoint their applicants before taking the two names to study, at least until the plenary session that is already convened by the Constitutional Court for the next 22 from December.
In the event that before that meeting there is no agreement between conservatives and progressives either, the TC will have to assess whether to submit the vote of Juan Carlos Campo and Laura Díez to a vote or if it leaves it in a drawer until it comes into power court reach an agreement. The debate will be served because at the moment there is a conservative majority in court. In front of five progressive magistrates there are six conservatives who could stop these appointments arguing that they consider an appointment of only two of the four members who should be replaced unconstitutional.
However, the other sector of the Constitutional defends that the magna carta should be allowed to enter, which would mean the departure of the current president, Pedro González Trevijano, and magistrate Antonio Nárvaez.
His explanation is that the CGPJ had until September 13 to appoint its two magistrates. The lack of agreement between the conservative and progressive members is causing this delay and that cannot mean the blocking of the appointment by the Government.
The progressive members believe that the conservatives have no intention of reaching a real agreement because they have already communicated their disagreement with the candidate proposed by them, magistrate José Manuel Bandrés.
The Conservatives meet again today to see possibilities for the plenary session on the 22nd. Sources from this bloc maintain that despite the fact that the appointment of Campo as magistrate of the TC after having been Minister of Justice with this same Government is an "effrontery ”, will not affect your intention to get a candidate.
In addition, they see this appointment as making little sense, taking into account that, being a former member of this Executive, he will have to refrain from studying all the laws and decrees promoted by Pedro Sánchez or one of his ministers. These same sources explain that on the 22nd there will be a vote and that there will be several candidates. Another very different thing is that one of them achieves 11 votes to be elected. If this happens, and already facing January, the TC will once again be a powder keg.
