The PP takes a first step for the EU Court to give its opinion on the express reform to renew the TC

It will include it in its appeal of unconstitutionality against the last modification of the Organic Law of the Judiciary

MADRID, 1 Ago. (EUROPA PRESS) -

The PP wants the Court of Justice of the European Union to rule on the express reform to promote the renewal of the Constitutional Court that came into force last Friday and, with this objective, it is going to include a preliminary ruling in the appeal of unconstitutionality that is preparing against that norm.

This was announced by the general secretary of the PP, Cuca Gamarra, in an interview with Europa Press, in which she criticizes this new reform that, from her point of view, the Executive has launched for purely "political" interests.

The reform of the Organic Law of the Judiciary to empower the governing body of the judges to appoint the two members of the Constitutional Court that correspond to them was approved through a bill that was processed in the Courts by the urgent procedure .

With this modification, a rule that was already subject to reform in March 2021 is retouched. Then it was changed so that the CGPJ could not make appointments while its mandate has expired, as has happened since December 2018.

A year and three months later, given the need to proceed with the renewal of the TC with the appointment of two members by the CGPJ and another two by the Executive, the Socialists promoted a new reform so that the governing body of the judges can designate proposals for the court of guarantees, even while in office.

In addition, during the processing in Congress, an amendment was introduced so that these appointments have to be made no later than two months after the date on which the mandate of the magistrates to renew expired, a term that will be fulfilled on September 13. .

The PP has already appealed to the TC the reform approved last year, a matter that is still pending resolution. Now he considers that "the rights of the deputies have been violated" and that, in addition, the European mandate that the judicial agents affected by this type of reforms rule on them has not been complied with.

By carrying out the reform through a PSOE bill, instead of a government bill, the CGPJ and also the Council of State were prevented from issuing their opinion on the matter.

On July 11, the CGPJ asked Congress to commission a report on the reform and, specifically, on the advisability of restoring the competence to make other discretionary appointments, in order to be able to cover, for example, the vacancies that exist in the Supreme. However, he gave up taking the matter to Brussels and limited himself to asking Congress to consult the Venice Commission of the Council of Europe on the reform.

The PP also defended that the opinion of the governing body of the judges be expressly sought, but their demand was also ignored. Gamarra has denounced that this express reform "responds to a political interest of the Government", but not to "an in-depth reform of what the Judiciary needs" because, he stresses, the CGPJ "only recovers part of its powers and not all those granted by the Constitution itself".

In addition, the 'popular' leader has admitted that her party has not spoken to the Government about the renewal of the CGPJ. Gamarra insists on defending the proposal that the president of the PP, Alberto Núñez Feijóo, transferred to the president of the Government and that, he remarks, is "much deeper" than what affects these appointments.

"The PP has reached out to the PSOE to be able to carry out a reform along the lines of guaranteeing the independence of the Judiciary in a broad sense," he emphasizes, emphasizing that the independence and impartiality of all its members must be guaranteed and not only of those who make up the CGPJ, as "Europe also demands".

"There is an approach to a state pact, there it is, but it seems that the only thing that matters to Pedro Sánchez is the names of those who are going to occupy the CGPJ and we are concerned about justice as a whole," emphasizes the also spokesperson in the Congress.

Finally, Gamarra has accused Sánchez of having committed "the same mistake" with the appointment of Álvaro García Ortiz as the new state attorney general that he made when he appointed his predecessor, Dolores Delgado.

"He makes exactly the same mistake again: appointing someone whose independence and impartiality is in doubt, not because the PP has raised it, but because there is a part of the CGPJ that has also ruled in this regard and associations of prosecutors who also put question his impartiality," he explains.

In this context, he reproaches the chief executive for not having acted like a "good ruler" and that, instead of calling the institution into question, he has not looked for a candidate "who had no blemish".