Lesmes says that he will make an effort so that the CGPJ names its candidates for the TC on time but that he cannot guarantee it

It underlines that for this, at least 12 members of the current 18 must agree

SANTA CRUZ DE LA PALMA, July 14. (EUROPA PRESS) -

The president of the Supreme Court and the General Council of the Judiciary (CGPJ), Carlos Lesmes, has assured this Thursday from La Palma that, if the Courts finally approve the Government's proposal for the CGPJ to name its two candidates for the Constitutional Court ( TC) before September 13, will make an effort to ensure that this is the case, although it has stressed that it cannot guarantee it either because at least 12 of the 18 current members must agree to this.

In statements to the press, collected by Europa Press, Lesmes has referred to the amendment to the reform of the Organic Law of the Judiciary (LOPJ) introduced by the PSOE so that, once its ability to appoint its two candidates for the TC, the CGPJ does so "within a maximum period of three months from the day following the expiration of the previous mandate", which was June 12, which places the date on September 13.

"It is up to me to convene the plenary session, because I will convene a plenary session in a reasonable time and I will set the agenda (...), prior to that date", Lesmes affirmed.

However, at the same time, he stressed that "something more than calling a plenary session and setting it on the agenda is necessary", "and that is for the members to agree on two candidates". "I will make an effort to ensure that this situation occurs, but I cannot guarantee it either," he said.

Lesmes explained that the LOPJ establishes that the CGPJ must elect its two candidates to the TC by a three-fifths majority, which implies that these two candidates must elicit the consensus of at least 12 members.

On the other hand, questioned about the bill that is expected to be approved this Thursday in the Congress of Deputies so that the CGPJ recovers its ability to appoint the two magistrates of the TC, Lesmes has said that it seems "good", although He has added that he is not "very much in agreement" with the fact that "other powers are not restored, such as the appointment of magistrates of the Supreme Court (TS)".

In this sense, it has stressed that the Supreme Court is having "significant operational problems" due to the vacancies that are being generated and that cannot be covered by the reform approved in March 2021, at the proposal of the Government, which prevents a CGPJ with an expired mandate --like the current one-- make discretionary appointments in the judicial leadership.

"The Constitutional Court is important, but so is the Supreme Court, which provides an essential service and is suffering. I value the restoration of powers, but it must be done with the Supreme Court as well," he claimed, emphasizing that the situation of the TS is generating a "damage" to the Spaniards.

However, Lesmes has emphasized that with the renewal of the CGPJ the problems "disappear" because all the capacity to make appointments is recovered, highlighting that the term to agree on a new Council "has been exceeded in an extraordinary way", after more than three years.

In addition, he has been asked about the recommendations of the European Commission, which sees it as "a priority" to renew the CGPJ but demands "immediately afterwards" a reform of the system for electing members in line with European standards, which imply that at least half of its members are appointed directly by the judges themselves.

The president of the CGPJ has shown himself "totally in agreement" with the conclusions of Brussels, stating that "what is urgent is renewal" but adding that "if European standards go in a certain direction, they will have to be addressed".

For Lesmes, it is "obvious" that the current system does not work, so he believes it "reasonable" that the political parties "sit down to talk about how to improve it." "I'm not saying that you have to get to a certain port, you can get to that port or another, but what less to talk about." "I am surprised by the inability of the political groups to reach an agreement", he has confessed.