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The CGPJ meets tomorrow to decide whether to rule on the proposal to repeal sedition

The appointments for the TC also appear on the agenda, but without expectations of agreement.

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The CGPJ meets tomorrow to decide whether to rule on the proposal to repeal sedition

The appointments for the TC also appear on the agenda, but without expectations of agreement


The General Council of the Judiciary (CGPJ) holds an ordinary plenary session tomorrow with two outstanding issues. On the one hand, it will address the request of a group of conservative members to decide if the CGPJ should give its opinion on the proposal of PSOE and Unidas Podemos to repeal the crime of sedition, although it has not been requested. And, on the other, the appointment of the two candidates to the Constitutional Court (TC), although on the latter it is expected that there will be no agreement.

It was on November 18 when eight members --Gerardo Martínez, José Antonio Ballestero, Juan Manuel Fernández, Juan Martínez Moya, José María Macías, Nuria Díaz Abad, Carmen Llombart and Ángeles Carmona-- requested the interim president of the CGPJ, Rafael Mozo , which included in the agenda of the plenary session this Thursday his proposal on the penal reform announced by the Government.

The members want, firstly, "the Plenary to rule on the lack of request for a report" in relation to the proposal to repeal sedition and, in a further step, "to debate whether, despite this, it does not It would be opportune for the Plenary to evacuate said report".

The point is that PSOE and Unidas Podemos presented their legislative initiative as a bill, a formula that allows not requesting reports from the CGPJ and other constitutional bodies that, if the bill had been adopted, would be mandatory.

"It must be borne in mind that, although article 561.1 of the Organic Law of the Judiciary (LOPJ) only refers to bills, and not to bills, European standards require that all regulatory proposals that affect the Judiciary Judiciary must submit to a prior report from the Justice Councils," argue these eight members.

In addition, they call attention to the fact that "on repeated occasions we find ourselves with important reforms that affect the Judiciary and that, instead of being processed as bills by the Government, it is the parliamentary groups that support the Government that present in the Congress of Deputies as bills, thus obviating the processing of the mandatory report of this General Council of the Judiciary if it had been processed in another way".

On the agenda is also the proposal regarding the appointment of the two Constitutional Court magistrates that the CGPJ is responsible for making, although the sources of the governing body of the judges consulted by Europa Press point out that it is unlikely that there will be an agreement.

Since the CGPJ regained its power to name the duo for the TC, last July, the progressive and conservative blocs have been negotiating the two names. However, the last meeting, held this Wednesday, has concluded again without progress.

The aforementioned sources explain that the progressive sector has insisted on appointing José Manuel Bandrés as its candidate for the TC, while the conservative wing continues without uncovering its potential candidates.

At this time, the stumbling block seems to be that the conservatives want to jointly negotiate the two names, without it being a mere sum of the candidates proposed by each block.

The negotiating committee will meet again on the 30th, which means extending the talks for another week. The sources warn that the matter could be delayed at least until Christmas.

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