• Justice The TC Prosecutor's Office supports removing the magistrates indicated by the left before deciding on the Senate's request

The Plenary of the Constitutional Court has refused this Wednesday to suspend the stoppage of the legal reform designed by Pedro Sánchez to achieve the ideological overturn in the guarantee court itself, according to legal sources reported to

EL MUNDO

.

By a majority of

six votes to five

, the Plenary has rejected the challenge presented by the

Senate

where it was requested to annul the very precautionary measure that prevents continuing to process the partial amendments to the organic laws of the General Council of the Judiciary and the Court of Justice itself . guarantee.

However, he has admitted the appearance of him as a defendant in the open procedure as a result of the filing of an amparo appeal presented by the PP parliamentary group for violation of the right to political participation of its deputies in Congress.

The rapporteur for the resolution will be magistrate

Enrique Arnaldo

.

On the other hand, before the plenary session was held, the Constitutional Court Prosecutor's Office had supported the recusal of magistrates Pedro González-Trevijano and Antonio Narváez, that is, the opening of a recusal motion before resolving the challenge raised by the Senate, although the aforementioned claim has not prospered.

The court already resolved last Monday that there were no reasons to remove both magistrates even though their mandate has been extended since last June.

The Plenary, divided on this issue between conservatives and progressives, understood that the president and magistrate Narváez do not have a direct interest in the procedure despite the fact that the legal modification was designed by Moncloa so that its magistrates replace them even if the CGPJ remains unappointed to theirs.

In this sense, the majority of magistrates concluded that greater rigidity should be required to separate their magistrates, since there are no substitutes in the TC, and taking into account that by accepting the challenge of González Trevijano and Narváez, the sensitivity of the body would be modified currently with a conservative majority.

However, the Public Ministry considered that the Plenary of the TC should address yesterday as the first debate the incidents of recusal raised by the PSOE and Unidas Podemos before deciding on the Senate's claim and on any other procedural step.

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