• Politics The Government uses the pact with the PP to intensify its attack on Feijóo

  • Politics The PP accuses Sánchez of "trilerism" for "filtering" an agreement on the Judiciary to which "the Government itself did not validate"

The blockade of the renewal of the General Council of the Judiciary (CGPJ) has been three and a half years old, and counting.

There is no prospect of a solution, and in fact the situation has worsened with the incorporation of the Constitutional Court (TC) to a problem that had its

big bang

on November 19, 2018, with the leak of a

WhatsApp

.

PACT, AS ALWAYS.

On December 4, 2018, the mandate of the current

CGPJ

expired .

As always, the PSOE and the PP had negotiated its renewal and on November 12 they made the agreement public: 11 elected members of the PSOE and its allies and another eight, of the

PP

.

It was even announced that the president, whom in theory the members choose, would be Manuel Marchena.

A few days later the deal was broken.

November 19.

El Español

published an internal message from the popular spokesman in the Senate,

Ignacio Cosidó

, which reflected the enormous politicization of the pact.

"And also controlling the Second Room from behind," was one of the phrases included.

THE PP DENIES THE MAJOR

The embarrassment led the then leader of the PP, Pablo Casado, to take two measures: renounce the agreement and demand that from now on a part of the members of the Council be chosen directly by the judges.

Currently, all must be voted in the last instance by a qualified majority of the Courts.

IRRECONCILABLE

The demand of the

PP

was irreconcilable with the position of the

PSOE

, which has always defended the intervention of the Cortes in the election of members, including those of judicial origin.

The deal was unworkable.

There were some oscillations in the position of the PP, such as the degree of commitment to a reform that it would accept to undertake the imminent renewal.

But the positions never got close enough and the sequence of electoral processes prevented an agreement from being announced.

THE GOVERNMENT, TO THE BRAVAS

If it is not possible to reach the qualified majority to renew the

CGPJ

, then the qualified majority is removed.

That is what the Government

thought and launched

in October 2020. The step that it involved towards an even greater politicization of

the Judiciary

, which would no longer require consensus, set off alarms in the

EU

.

The

European Commission

took action on the matter and pressed until the Government retracted its plans.

A HANDICAPPED COUNCIL

Another reform did go ahead, the one that established that a Council with an expired mandate could not make the appointments of the judicial leadership that correspond to it.

They sought to pressure the renewal, but so far the measure has only brought problems.

In particular for the Supreme Court, which cannot replace the casualties.

COLLISION BY REACH.

The problem of the Council has ended up overwhelming the renewal of the Constitutional Court.

The Government had not foreseen that by blocking the appointments of the

CGPJ

, it would also prevent him from appointing the two magistrates of the TC that correspond to him.

That, in turn, blocked the appointment of the two chosen by the Government, which ultimately prevented the progressive majority in the TC to which the Executive aspires.

The

PP

and

the Government

secretly agreed to reform the reform, that is, to change the law that regulates the CGPJ again so that it could appoint the members of the

TC

.

But he did not give time because Pablo Casado fell.

FEIJÓO, BUT NOT

The change in the leadership of the PP supposed a hope of agreement on the CGPJ.

But four months after the arrival of Alberto Núñez Feijóo, the situation remains entrenched.

In a solemn appearance, the new leadership announced its position.

He gave up demanding that some members be chosen by the judges.

That opened a door to the agreement, but the rest of the demands closed it.

Mainly, that the Government renounced to change the law was going to allow the Council to appoint its two magistrates of the TC.

The Executive did not accept it and the blockade was confirmed.

The leak of the secret agreement

of the

Casado

PP

that Feijóo does not assume has been the last slab on the possibility that one day the CGPJ can be renewed.

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Know more

  • General Council of the Judiciary

  • constitutional Court

  • PSOE

  • WhatsApp

  • Paul Married

  • Senate

  • Manuel Marchena

  • European Comission

  • supreme court

  • Alberto Nunez Feijoo

  • Justice