• EU Brussels supports the Constitutional and stresses that "far-reaching reforms require prior consultations"

  • Politics The Government ignores Brussels and will use another express route in Congress to overturn the conservative majority of the TC

After what happened in Spain in recent weeks, Brussels is very clear that its battle for an urgent renewal of the General Council of the Judiciary is lost, barring a miracle.

After the summer, the teams of the commissioners

Didier Reynders

and

Vera Jourova

thought that for the first time in four years it was about to close, but after Feijóo's retreat first, and the movements of the Government in the Constitutional Court, they assume that it is impossible and that we will have to wait for the next elections and a new balance of power in Parliament to start again.

Or from scratch.

But just because they see it black doesn't mean they're going to throw in the towel.

"I am sorry to hear that in Spain the negotiations for the renewal of the Council of the Judiciary, which has been acting since December 2012, have been suspended. The position of the

European Commission

in this regard is well known, and is included in the

Report of 2022 on the Rule of Law

. We have recommended to Spain that it proceed with the renewal as a matter of priority to start immediately after the renewal, a process with a view to adapting the appointment of its judges-members, taking into account European standards," wrote this Wednesday on his

Twitter

account Commissioner Reynders, responsible for Justice.

The message of the former Belgian minister has an obvious part and a lesser part.

The ideas in the previous paragraph are by no means new.

He has been repeating them for years in all possible formats: press conferences, social networks, interviews, letters, in bilateral meetings in Brussels or during trips to Spain, in which he has met with all the parties involved.

His last trip in September was a marathon, with dozens of meetings on the agenda.

Repeating them, therefore, does not seem like a big deal.

But Reynders, perfectly aware of the situation in our country, wants it to be clear in Moncloa, Genoa and the corridors of the Judiciary that he does not forget or look the other way.

Controversies in other countries

The question that many asked themselves when they saw his message is how there was no reference to what is happening with the Constitutional Court and the enormous political and legal mess that has opened up, a hornet's nest of the least liked in the Commission, sadly accustomed these years to scuffles with

Warsaw

,

Budapest

or

Bucharest

over controversial or irregular express reforms and clear pressure from the Executive on the judiciary.

The answer is that the Commission is a body full of technicians, but controlled by politicians.

Ursula von der Leyen

, Reynders and Jourova know that the pressure and tension is maximum and that unprecedented chapters are being written in the history of Spanish democracy, so they have to tread carefully.

"The Commission continues to call on all parties involved to take the necessary actions for the successful implementation of this recommendation," the head of Justice concluded his careful message.

In the Belgian capital they are clear that the root of what is happening is in the blockade for renewal and that this is infecting, contaminating, everything that surrounds the judiciary.

They repeat, in private, that the actions of the Government for express reforms are not the solution and they do not like anything, but they attribute everything to the problem of origin and for this reason, more than ever, they appeal to common sense, and to the State, so that they do not go further

Community sources explain that it is not up to Brussels to resolve anything.

They are not mediators or supervisors in this process between political forces in a full democracy.

But they also warn that if the dispute is not resolved in a few weeks, or it gets worse, they will have to raise their voices again.

"We have to let the parties take care of everything, but most likely we will return to take up [the question] early next year," they indicate.

Brussels has many ways of proceeding.

From the podium at a press conference with a statement or a comment from a spokesperson, with cryptic tweets, by letter or with leaks.

When the situation was more delicate, when the PSOE and UP attempted a reform that went in the exact opposite direction of what was required and that would have given politicians more powers in appointments, they met with the foreign and justice ministers and called to order.

And since it was not enough, they warned that the comparisons with Poland or Hungary were imminent, with which Pedro Sánchez backed down.

In his message on Wednesday, Reynders refers to

the Rule of Law Report

.

"Although there are no explicit references to what is happening in the Constitution, the link is undeniable," say the sources consulted.

In that report it was stressed, as in the past, that the reform of the CGPJ is an absolute priority and they reiterated that the link between the Government and the Prosecutor's Office had to be ended due to the inevitable perception of politicization.

Reynders said a few days ago that other countries also have former ministers in their high courts, referring to the appointment of

Juan Carlos Campo

.

But it is obvious that he finds it an inappropriate way.

In that 2022 report, however, there is a novelty compared to the previous ones and the Belgian slipped it in an interview with that newspaper at the time of publication: the court of justice of the European Union.

Until now, infringement procedures have not been opened because the delay did not seem to justify them (they would have done so if the Government had gone ahead with that reform promoted with UP), but with the new framework it would be possible.

It is not an easy step, but it does require immense political pressure, since nobody wants to be the president who ended up in Luxembourg for reasons of judicial independence.

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  • constitutional Court

  • General Council of the Judiciary

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  • Articles Pablo R. Suanzes