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Several members of the conservative sector of the General Council of the Judiciary have requested this Tuesday that the progressive counselor

Clara Martínez de Careaga

refrain from intervening in the appointments of the magistrates of the Constitutional Court.

The reason they adduced is that she is the wife of the former State Attorney General

Cándido Conde-Pumpido

, magistrate of the court of guarantees and candidate to preside over the TC in the next renewal.

According to legal sources reported to

EL MUNDO

, the members

Carmen Llombart

, José

María Macías

,

Gerardo Martínez-Tristán

and

José Antonio Ballestero

have raised the abstention of Martínez de Careaga for "lack of impartiality".

These members have supported their position in article 23.1 and 23.2 a and b of

Law 40/2015 on the Legal Regime of the Public Sector

where it is argued that the authorities and personnel at the service of the Administrations must abstain if "they have a personal interest in the matter in question or in another whose resolution could be influenced by the former; be an administrator of the company or interested entity, or have a pending litigious matter with any interested party" or if "they have a marriage relationship or assimilable factual situation and the relationship of consanguinity within the fourth degree or affinity within the second, with any of the interested parties" in a specific procedure.

Days ago it was the Popular Party itself that requested that Martínez de Careaga withdraw from the appointments.

The Institutional Deputy Secretary of the PP,

Esteban González Pons,

maintained in an interview that Conde-Pumpido's wife should refrain from electing the new members of the TC, appealing to a clear conflict of interest.

"That the wife of one of the magistrates who aspire to preside over the Constitutional Court is going to choose in the CGPJ the magistrates who will determine the election of her husband is a case of conflict of interest book. She should abstain and even more so, her vote being the who decides", he wrote immediately on the social network Twitter.

However, the request for abstention has not prospered.

For its part, the plenary session to elect the members of the Constitutional Court has started at 5:30 p.m. in the afternoon with no indication that an agreement will be reached between the two sectors of the CGPJ to make the appointments today.

The members appointed at the proposal of the Popular Party have proposed as candidates for the High Court the president of the Contentious-Administrative Chamber of the Supreme Court, the conservative

César Tolosa

, and the progressive

Pablo Lucas

.

According to legal sources, both Tolosa and Lucas have obtained 10 votes.

For their part, the members appointed at the proposal of the PSOE and IU bet on the magistrate of the Third Chamber of the Supreme Court,

José Manuel Bandrés

and consider the veto of the majority sector on this judge unassumable.

Bandrés has obtained this Tuesday seven votes from the progressive group.

The vocal

Enrique Lucas

-appointed at the proposal of the PNV- has not participated in the meeting having previously communicated his abstention in the procedure.

The extraordinary meeting was held at the request of nine members of the conservative sector of the Council -

Nuria Díaz Abad

,

Juan Martínez Moya

,

Juan Manuel Fernández

,

Gerardo Martínez-Tristán

,

José María Macías

,

María Ángeles Carmona

,

José Antonio Ballestero

,

Carmen Llombart

and

Wenceslao Olea

- and was requested to circumvent the legal reform promoted by the Government to modify the functioning of the governing body of judges.

The aforementioned legal modification, which established the mechanism that the members had to follow to appoint the magistrates of the guarantee court, baptized by some members as the "Bandrés amendment", was paralyzed yesterday in a precautionary manner by the Constitutional Court.

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  • Articles Angela Martialay