May 14, 2021

PSOE and UP increase pressure on the PP and register a bill so that the acting Judiciary cannot make appointments


The PSOE and United We Can increase the pressure for the PP to agree to renew the General Council of the Judiciary, whose mandate expired two years ago. The two government groups have registered a bill in Congress, to which elDiario.es has had access, to reform the current norm and prevent the governing body of judges from making appointments while in office, something that the current one, chaired by Carlos Lesmes, has done 57 times with the expired mandate. The last, By the end of october.

Most of the PP in a Judicial Power in office: 43 appointments in a year, 12 in the Supreme

Most of the PP in a Judicial Branch in office: 43 appointments in a year, 12 in the Supreme

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The proposal to reform the Organic Law of the Judiciary (LOPJ) will be debated in plenary this same month of December and does not imply renouncing the broader reform that both groups already presented and that modified the majorities necessary to renew the judicial leadership, a process blocked by the PP. This reform was “frozen” temporarily in order to try to attract Pablo Casado to an agreement, but the PP maintains its intention not to facilitate the appointments of the 20 members and the president of the Supreme Court.

Sources from the PSOE and United We can consulted by elDiario.es point out that there is a “broad consensus” on the need to prevent a CGPJ with the expired constitutional mandate from making appointments, so it has been decided to advance in that part of the reform while a modification of the majorities necessary for the renewal is kept on hold.

But this suspension is temporary. The government spokesperson herself, María Jesús Montero, pointed out on Tuesday at the press conference after the Council of Ministers that if “in a reasonable time” the PP does not agree to close the agreement to renew the CGPJ, the reform of the law will be reactivated. presented by the PSOE and United We Can to modify the system of election of the governing body of the judges.

Montero’s statements came hours after the PP narrowly refused to agree to renew the CGPJ this year. “I prefer that it continues as it is than that members of Podemos enter an institution that they despise,” assured his secretary general, Teodoro García Egea. A day earlier, on Monday, the Minister of Justice said that the deal was closed and that The only thing missing was for the PP to make it public. But once again Casado’s party, this time through the mouth of his parliamentary spokesman, Cuca Gamarra, denied Juan Carlos Campo and rejected that such an agreement existed.

Limited reform

The PSOE and Unidas Podemos have thus decided to advance in the reform of the LOPJ, but in a limited way. Instead of suddenly reactivating the maximalist approach, they have chosen to pressure the PP with a modification that, they defend, has a broad consensus.

“It is a very important step,” they point out from the confederal group. “In the last two years we have seen how an expired body made very important decisions. This is the opposite of what happens with the other branches of the State. Neither Congress nor the Government can make important decisions when they are in office. With this law this anomaly is over and we believe that it is a step in the right direction “, add the same sources.

In an interview with elDiario.es last November, the PSOE parliamentary spokesperson, Adriana Lastra, assured: “December 6 is a good date to make an agreement public. (…) If the PP does not want to do it as established by law until now, we will have to modify the law to be able to do so. “Finally, the groups have preferred to take a more limited first step rather than resume the reform in full.

The limitation of the functions of the General Council of the Judiciary (CGPJ) when its mandate has expired was included in the initiative that both groups registered last October – which also included changes in the system of election of the members – and that was withdrawn weeks later to favor an agreement with the Popular Party for the renewal of this body. This new bill is focused solely on assessing the functions that the governing body of judges can perform when their members have not been renewed in time.

The main limitation is that he cannot make appointments to the judicial leadership as he has done in the last two years despite being in office. Among them, the recent appointment of six magistrates in the Supreme Court. If the mandate has expired, the body must limit itself to performing those functions that are necessary to ensure its operation and that do not involve interference in the powers of the incoming Council. “In this way, it is guaranteed that there is no paralysis in its operation”, says the explanatory memorandum of the proposal.

In these two years of expired mandate, the CGPJ chaired by Lesmes has made 57 appointments. From them, 12 at the Supreme Court, whose magistrates are irrevocable and remain in office until retirement.

LOPJ reform by eldiario.es

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