The General Council of the Judiciary (CGPJ) has announced this Thursday that it paralyzes the discretionary appointment of judges after having assigned 47 high-level positions, including ten in the Supreme Court. The governing body of the judges has been in an interim situation since December 2018 and has since maintained the conservative majority of the Mariano Rajoy stage.
By surprise and the same day that seven members appointed at the proposal of the PP decided to skip their obligation to evaluate the professional merits of Dolores Delgado to vote against his appointment invoking lack of bias of the former minister elected by Pedro Sánchez to direct the Attorney General's Office State, the judiciary makes this announcement.
The Council justifies the paralysis now of the appointments in the Supreme Court, the National Court, the regional Supreme Court and the Provincial Court with the argument that it trusts that there will be a "prompt renewal of the institution" after the constitution of the chambers and the formation of government.
In any case, the governing body of the judges that maintains its composition of 2013 when the PP had an absolute majority in Congress warns that the selective processes for the coverage of judicial and governmental vacancies would start again "if in a prudential time no progress is seen in the face of that renewal. " Among the pending places, there are three in the Criminal Chamber of the Supreme Court. The terms of the members of the courts of the High Court are fifteen years.
In a press release, the CGPJ justifies that it has been filling the vacancies that have become vacant, despite having exhausted its mandate, in the exercise of the powers conferred by the Organic Law of the Judiciary and underlines that this rule provides that the The only competence that cannot be exercised is the election of a new president of the institution.
In addition, he defends that the Supreme Court dismissed the request of two judicial associations to provisionally suspend the convening of various presidencies and positions in collegiate judicial bodies. And warns, for example, that prolonging in time the three vacancies in the Criminal Chamber of the Supreme "the normal operation of the room would be severely resented."
In November 2018, the agreement between the Government of Sánchez and the Popular Party to renew the governing body of the judges jumped through the air after a message was published in which Ignacio Cosidó, then spokesman of the PP in the Senate, assumed naturally the distribution of power with the PSOE for the renovation of that institution. With that message, Cosidó tried to convince his party partners that with the appointment of Manuel Marchena as president of the CGPJ, the second room of the Supreme Court would be controlled "behind." Finally, Marchena resigned and presided over the court that tried the process.