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Lucas and Tolosa, among the best positioned to be appointed magistrates of the TC by the CGPJ

Progressives and conservatives resume contacts tomorrow to elect their duo for the Constitutional.

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Lucas and Tolosa, among the best positioned to be appointed magistrates of the TC by the CGPJ

Progressives and conservatives resume contacts tomorrow to elect their duo for the Constitutional


The magistrates of the Supreme Court (TS) Pablo Lucas and César Tolosa are among the best positioned in the negotiations between the progressive and conservative blocs of the General Council of the Judiciary (CGPJ) to be appointed magistrates of the Constitutional Court (TC) that is responsible for appointing the governing body of the judges, according to the legal sources consulted by Europa Press.

The representatives of both currents --Álvaro Cuesta and Roser Bach, on the progressive side, and José Antonio Ballestero and Carmen Llombart, on the conservative side-- are expected to meet tomorrow to resume negotiations on the two candidates for the TC.

The progressives, who initially launched a list with nine names, finally reduced it to one: José Manuel Bandrés, magistrate of the Contentious-Administrative Chamber of the TS.

For their part, the conservatives promised on November 3 to take advantage of these days to draw up a first list of candidates, since they assure that until now they have not found TS magistrates willing to go to the TC.

According to sources from the governing body of the judges, the conservative bloc already handles six names: Pablo Llarena, Julián Sánchez Melgar and Vicente Magro, from the Criminal Chamber of the TS; and César Tolosa, Inés Huerta and Diego Córdoba, from the Contentious-Administrative Chamber.

However, sources familiar with the negotiations told Europa Press that the Conservatives do not see Bandrés' candidacy favorably, which would once again open up the range of candidates.

Thus, the same sources assure that the best positioned duo, because it could achieve the 'placet' of both blocks, is the one formed by Pablo Lucas, the magistrate in charge of controlling the CNI, and César Tolosa, president of the Third Chamber .

On the other hand, the sources consulted warn that the CGPJ is waiting for the Supreme Court to resolve the precautionary measures requested in their respective resources by the member Wenceslao Olea and the secretary of the Council, José Luis de Benito, against the appointment of Rafael Mozo as interim president of the body.

And this is because if the Supreme Court chose to provisionally suspend Mozo's enthronement, it would mean questioning the legitimacy of the Plenary session headed by him in which the two magistrates of the TC were appointed and, therefore, the very validity of these appointments.

The Sixth Section of the Third Chamber, the one that studies the resources of Olea and De Benito, is pending to receive and study the allegations of all the parties involved to resolve on the precautionary measures.

Said section meets once a month, which in November is scheduled for the 30th, so that the issue of appeals against Mozo could be delayed at least until then.

However, the sources see it as difficult for the two magistrates of the TC to be appointed in the ordinary plenary session of the CGPJ scheduled for November 24, so their expectation is that they will be held throughout the month of December, before Christmas.

Other legal sources warn that the Government may not wait for the CGPJ to appoint the two magistrates of the TC that Moncloa should nominate, of the four that are pending renewal since June 12 and that form the third that corresponds to the Executive and Council, according to the Constitution.

The sources state that the second reform of the Organic Law of the Judiciary (LOPJ) --approved last July so that the CGPJ would recover its powers to make appointments to the judicial leadership but only to appoint the two from the TC-- opened the door for the two Moncloa candidates to take possession even if it is without the full third.

At the same time, they point out that, although at first the Government would have chosen to give the CGPJ a "reasonable time" to appoint its two candidates to the TC, as part of the new stage of the negotiations that generated the breakdown of contacts between PSOE and PP to renew the Council, that period would expire with the ordinary plenary session on November 24.

In this regard, sources from the governing body of the judges warn that, if Moncloa uncovers its two candidates for the court of guarantees, it could lead to a new turn in the negotiations within the CGPJ to nominate their own.

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