The Constitutional gives the go-ahead to the magistrates proposed by the Government and the CGPJ

The next step is for them to be sworn or pledged before the King and to take office in court.

MADRID, 29 Dic. (EUROPA PRESS) -

The Constitutional Court (TC) has given the go-ahead this Thursday to the magistrates proposed by the Government and the General Council of the Judiciary (CGPJ) for the partial renewal of the guarantee body after examining whether they met the suitability requirements established by the law.

As reported by the guarantee body, the Government Plenary has unanimously approved the candidacies of the magistrate of the National Court and former Minister of Justice Juan Carlos Campo and the former director general of the Ministry of the Presidency Laura Díez --proposed by the Government-- ; as well as the magistrate of the Supreme Court (TS) César Tolosa and the retired magistrate of the TS María Luisa Segoviano --by the CGPJ--.

The court has considered that the four meet the requirements established by law: they are Spanish citizens with a career as magistrates, prosecutors, lawyers, university professors or public officials, "all of them jurists of recognized competence with more than 15 years of professional practice or in active in the respective function".

The Government Plenary met this Thursday to begin the process to replace the four Constitutional magistrates who saw their mandate expire on June 12.

After receiving the go-ahead this Thursday, the new entrants will swear or promise the position before King Felipe VI, who is responsible for appointing them, for a period of nine years. Concluded this formal act before the King, the candidates will now be able to take office in the TC.

The four magistrates appointed by the Government and the CGPJ will replace the president of the TC, Pedro González-Trevijano; its vice president, Juan Antonio Xiol; and the magistrates Antonio Narváez and Santiago Martínez-Vares, who make up the third that the Constitution commissions to renew the Executive and the governing body of judges.

With the entry of these four candidates, the table of majorities in the Constitutional changes. Until now, the court included 6 magistrates from the conservative bloc and 5 from the progressive bloc.

In fact, last week the TC resolved an unprecedented vote with this formula --6 in favor and 5 against-- to urgently paralyze the parliamentary process, already in the Senate, of the two amendments that modified the system of election and arrival of the two candidates to the TC appointed by the CGPJ, thus admitting the very precautionary measures requested by the PP in its appeal against said amendments.

The arrival of Segoviano, Campo and Díez will change this scenario and favor the progressive wing, which will manage to gather 7 magistrates. The conservatives, for their part, will keep 4.

All this, while waiting for the vacancy of magistrate Alfredo Montoya to be filled, who left office in the summer for health reasons. The law stipulates that the position of this magistrate will be filled in the same way in which he was appointed and for the remaining time; that is, through the Senate. Before his appointment, the chosen one must first appear before the corresponding commission of the legislative headquarters.

Once the four new Constitutional members take office, the new one will be elected to replace González-Trevijano. It will be a secret vote that, in a first round, will require an absolute majority and, in the event that it is not reached, a second vote will be carried out, which will be resolved by simple majority.

If there is a tie, it will be voted again. If the situation is repeated, the one with the greatest seniority in the TC will be proposed for the position of president; If there are two magistrates with the same seniority, the oldest one will be proposed.

The name of the president and the elected vice president will be submitted to the head of state for their appointment for a period of three years. They can only be re-elected once.

Until now, the two names that have emerged to preside over the guarantee body are those of Cándido Conde-Pumpido and María Luisa Balaguer, both from the progressive wing of the court.