October 28, 2020

A member of the Judiciary sees an “intolerable political interference” in the “blockade” of the renewal and rejects the appointments

Álvaro Cuesta, member of the General Council of the Judiciary (CGPJ) at the proposal of the PSOE, has signed a private vote in which he denounces the decision of the majority of members of the governing body of judges to continue making appointments to key positions in the judicial leadership despite being in office for almost two years. Among them, the six carried out this Wednesday in the Supreme Court and that they have had the endorsement of the conservative majority and part of the progressive bloc. Cuesta and Concepción Sáez, member at the proposal of IU, are the only two two vowels who have not seconded these designations.

The acting Judicial Power appoints to the Supreme the only judge of the Gürtel who requested the acquittal of the PP

The acting Judicial Power appoints to the Supreme the only judge of the Gürtel who requested the acquittal of the PP

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Cuesta proposed at the beginning of the session to remove the appointments from the agenda given the temporary situation of the Council, but his proposal was not seconded. In the individual vote against this decision, to which elDiario.es has had access, she argues that there is an “intentional unconstitutional blockade” in the CGPJ which, in her opinion, represents an “intolerable political interference that should be denounced.”

It is, always according to his words, a blockade “on purpose” that aims to “achieve a result” in the “functioning” of the body that, among other tasks, is entrusted with appointing the senior positions of the judiciary. The member recalls that the balance of forces between the members that make up the Council today has nothing to do with the current composition of the Cortes Generales in charge of appointing them.

Since he was elected in November 2013, four general elections have been held. Then the PP ruled with an absolute majority. The current composition is as follows: 11 members at the proposal of the PP, seven at the proposal of the PSOE, one at the proposal of the PNV and another at the proposal of the IU. The president, Carlos Lesmes, who was a senior official in the Aznar governments, is also a conservative.

To support his position, Cuesta emphasizes two facts that he considers relevant. On the one hand, the report in which the European Commission calls for the renewal of the CGPJ. And, on the other, the joint statement in which PSOE, United We Can and the parliamentary forces that facilitated the investiture of Pedro Sánchez, in addition to JxCat, implicitly accuse the PP of incurring in “serious irresponsibility” due to the blockade and also request its renewal. The groups that sign this petition add up to 187 seats in Congress – above the absolute majority, set at 176 – although the renewal of the Judiciary requires a three-fifths majority (210 members of parliament).

“Failure to comply with this obligation to renew constitutional bodies on time affects the confidence of citizens in public institutions and deteriorates democratic standards,” says Cuesta, who also assures that this situation “represents a serious institutional loss of prestige and an attempt to place the CGPJ as a scapegoat for handling and disputes ”.

Cuesta, who is a lawyer by profession, was president of the Justice Commission of the Congress of Deputies between 2004 and 2011 and a PSOE deputy for Asturias between 1982 and 2011. He was out of active politics when, in 2013, he was elected a member of the CGPJ at the proposal of the Socialists. He is currently part of the Permanent Commission, the main power nucleus of the Council because it is where the main decisions are made. It has, therefore, exclusive dedication.


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