The Conservatives and the Socialists engage in a fierce argument for the control of the appointment of magistrates.
by Sandrine Morel (Madrid, Correspondent)
On the one hand, the right, which has been blocking for four years the renewal of the members of the General Council of the Judicial Power (CGPJ, equivalent of the Council of the Magistracy), to maintain its control over justice and the Constitutional Court. On the other, the left, which tries to pass a controversial reform to the Catimini to end the blocking and allow, in passing, in the progressive sector of the judiciary to recover the majority. In Spain, the institutional shock between the judicial and legislative powers was predictable. It finally took place, Monday, December 19 in the evening.
After several hours of deliberation, the Spanish Constitutional Court, emergency seized by the People’s Party (PP, right), has agreed to prevent the vote on the simplification of the method of election of its own members, planned, Thursday in the Senate. The reform had been approved by Parliament, at first reading, on December 15, during a tense plenary session. It is paralyzed until the “Liberté Guardian” is pronounced on the merits.
“Yesterday, the Constitutional Court granted, by a minimal difference of six votes against five, an unprecedented decision in forty-four years of democracy: it paralyzed the action of Parliament, reacted the head of government of government Left, Socialist Pedro Sanchez, Tuesday, during a speech. For the first time, legitimate representatives, democratically elected by the Spaniards, is prevented from fulfilling their functions. “
politicization of justice
The form chosen by the Government for this modification of the law left something to be desired: the Socialist Party (PSOE) and the Radical Left Party Podemos included it, in the form of two amendments deposited at the last minute, in A proposal for reforming the penal code unrelated to the question. A way to send a thorny reform quickly, without debate and without consulting the judicial bodies concerned.
As for the bottom, he consisted in dispossessing the Constitutional Court of his power to validate the “Idonenity” of the candidates proposed by the Parliaments and the Government, and to reduce the majority required to the CGPJ to elect the two of the twelve members of the Constitutional Court which corresponds to it. Currently, the government’s body of judges is unable to agree on consensual profiles. The conservative sector, several representatives of which have been expired for four years, and the progressive sector, which must be reinforced by the appointment of two new members proposed by the government, seem irreconcilable. However, a majority of three fifths is necessary for their election.
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