Justice: Three judicial associations urge the CGPJ not to resign and react to the reform that limits its functions
The liar of the Salesas The CGPJ resigns to make more appointments due to the imminent limitation of its functions
The president of the General Council of the Judiciary (CGPJ),
Carlos Lesmes
, agreed yesterday to request a report from
the Technical Cabinet of
the body to analyze the scope of the reform of the Government of Pedro Sánchez, promoted by the parliamentary groups of PSOE and Podemos, which limits its functions.
This movement of the Council comes after the
Senate
approved this week the modification of the
Organic Law of the Judicial Power
(LOPJ) that prevents the governing body of the judges from carrying out
Discretionary appointments while in office, that is, with the mandate extended.
In the CGPJ they want to know if it is appropriate to raise in this case a conflict of attributions before the
constitutional Court
as was done in 1985 when the system of election of the vowels was changed, death of
Montesquieu
According to legal sources to EL MUNDO, Lesmes adopted this decision in the plenary session that took place yesterday at the request of several members.
Was the counselor
Rafael Fernandez Valverde
who exposed in the plenary meeting the need for the CGPJ to have a legal report that analyzes the exact terms in which the powers of the body are reduced.
Among the members there is a doubt, for example, whether positions can continue to be called despite the fact that appointments cannot be made.
Between now and the end of the year, 64 appointments should be made by the Judiciary, which have now been left up in the air pending a political agreement between the Government and the
PP
To renew the institution With the underlying idea of studying whether it is pertinent to go to the Constitutional Court due to invasion of competences, Lesmes decided to advance the Plenary Session of next April to the 22nd (in principle it should be held on the 28th) because the
Organic Law of the Constitutional Court
(LOTC) gives one month to the body that wants to raise the conflict of attribution to make it known to the other affected constitutional body, that is, in this case the General Courts. On the other hand, article 73 of the LOTC states that « If the body to which the notification is addressed affirms that it acts in the constitutional and legal exercise of its powers or, within a period of one month from the receipt of the notification, does not rectify in the sense that it had been requested, the body that deems its attributions unduly assumed, it will raise the conflict before the Constitutional Court within the following month ”.
With these deadlines, the president yesterday wanted to be cured in health and advance the ordinary plenary session of April in the case in which the prior requirement must be addressed to the Congress and Senate before properly raising the conflict of powers before the TC. Legal sources underline that it is It is an "embryonic idea" that must be considered in depth but they do not rule out that the Council finally decides to go to the court of guarantees.
There is only one precedent in history in which the CGPJ has raised a conflict of powers before the TC.
It was in 1985 when the Council that presided
Federico Carlos Sainz de Robles
considered that the
Congress
it had invalidated its functions by modifying the system for electing members with the approval of a new LOPJ project.
On that occasion, the Constitutional Court dismissed the conflict of jurisdiction raised by the CGPJ. On the other hand, three of the four judicial associations yesterday urged the governing body of the judges to
not resign
before the entry into force of the controversial reform.
“We urge the CGPJ to adopt the appropriate measures as soon as possible and exercise the actions within its reach in defense of its competences and, therefore, in defense of the
Constitution
», Included the joint communiqué of the
Professional Association of the Magistracy
, the
Francisco de Vitoria Judicial Association
and the
Independent Judicial Forum
.
"What was intended has already been achieved: reducing the CGPJ to a simple management body, assimilated to a simple general direction," they denounced.
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