The progressive magistrates of the TC threatened to leave if they were not given time to study the appeal of the PP

The TC postpones until next Monday the decision on the request of the PP to stop the reform of the court

MADRID, 15 Dic. (EUROPA PRESS) -

The progressive magistrates of the Constitutional Court (TC) threatened not to participate in the extraordinary plenary session called for this Thursday -which would have prevented the necessary quorum to deliberate and vote- if they were not given more time to study the appeal in depth of amparo presented by the PP to stop the parliamentary processing of the reform of the TC itself, which is why the president, Pedro González-Trevijano, finally postponed the conclave until Monday.

According to the sources of the court of guarantees consulted by Europa Press, the succession of events began on Wednesday morning, when the PP presented its appeal for protection with the request for suspension. From there, the machinery of the TC was launched, deciding, after a conversation between González-Trevijano and the vice president, Antonio Xiol, to convene an extraordinary plenary session for this Thursday in order to prevent the very precautionary measures from losing their purpose.

The presentation fell on the magistrate Enrique Arnaldo and, throughout the day, the magistrates were entrusting their respective lawyers with the pertinent reports, which began to arrive late on Wednesday afternoon and in a contradictory sense, some in favor and others against the precautionary suspension, Arnaldo's being among those in favor.

Already at night, the writings of PSOE and Unidas Podemos entered the court asking to reject the preventive stoppage of parliamentary processing and, in the case of the 'purples', also challenging González-Trevijano and magistrate Antonio Narváez under the argument that, as they are the two magistrates called to be replaced by the two government candidates, they have a "direct interest" in the challenged amendments, which seek to renew the TC.

The sources explain that the magistrates were not aware of the writings of the PSOE and Unidas Podemos, as well as the Vox appeal --in the same line as that of the PP--, until this very Thursday morning. With such short notice, Xiol told González-Trevijano that the five magistrates of the progressive block needed time to study all the resources and writings before being able to deliberate and vote. Accordingly, the start was postponed to 12.00.

But when the time came, the progressive magistrates once again conveyed to the president that it was not enough time to thoroughly analyze matters of such importance, so they did not feel comfortable voting under those conditions. Thus, they transferred to González-Trevijano that, if the plenary session was not postponed, they would get up from the table and leave without voting.

If the scene described had occurred, --which some sources define as "circus"--, the Plenary could not have been held because a minimum of 8 magistrates --of the 11 that currently make it up-- are needed to validly constitute it. At this juncture, González-Trevijano asked them to leave a written record of the situation.

Shortly after, the magistrate María Luisa Balaguer, handed him a letter that the president rejected, for not expressly stating that, if the plenary session was not postponed, they would leave. Consequently, the same magistrate returned with a second version where it was recorded that the "complexity" and "relevance" of the matter required a "complete study" and, without "the necessary time" for it, it was impossible for them to "be able to participate in deliberation and voting.

González-Trevijano accepted this second letter and agreed to postpone the plenary session to next Monday. Despite this, the 11 magistrates met for more than an hour to analyze the situation as a whole. From the conservative block, the willingness to deliberate and vote was expressed, according to the sources consulted.

All in all, the decision on the admission of the PP's appeal, its very precautionary measures and the eventual admission of the Vox appeal and possible appearance of PSOE and Unidas Podemos, as well as the challenges against the president and Narváez, have been postponed, at least, until December 19.