The progressives insist on nominating Bandrés while the conservatives continue without uncovering possible candidates
MADRID, 23 Nov. (EUROPA PRESS) -
The progressive and conservative negotiators of the General Council of the Judiciary (CGPJ) have concluded the meeting held this Wednesday without agreement to try to agree on the two candidates for the Constitutional Court (TC) that the CGPJ is responsible for appointing, although they have met again for 30 November, according to the sources of the governing body of the judges consulted by Europa Press.
The progressive spokespersons, Álvaro Cuesta and Roser Bach, and the conservatives, José Antonio Ballestero and Carmen Llombart, have been meeting for approximately one hour since 1:00 p.m. without making any progress, since the only concrete result has been to "continue talking."
The progressive block launched a first list with nine candidates that it finally reduced to one: José Manuel Bandrés. At last week's meeting, Cuesta and Bach expected their interlocutors to also propose a candidate, but the conservative negotiators asked to change the negotiation method.
The conservative sector offered to negotiate the two candidates for the TC jointly between both sectors --without each block choosing its own to join the other to thus achieve the tandem--, with the aim of avoiding what they perceive as a "distribution of stickers".
This Wednesday, the progressive negotiators have rejected this new method, insisting on nominating Bandrés for the TC, which is why the four members who are leading the talks have decided to meet next week to analyze how to overcome this last obstacle.
The sources already warned that it was highly unlikely that an agreement would emerge from the meeting on November 23 on the two candidates for the court of guarantees, an issue that has been postponed, at least, until the 30th, when they will sit down again at the negotiating table.
In this way, although the two appointments for the TC appear on the agenda of the ordinary plenary session of the CGPJ scheduled for tomorrow, it seems clear that there will be no white smoke.
However, the aforementioned sources emphasize that the will of the CGPJ is to make said appointments throughout the month of December and, in any case, before Christmas.
The conservative members, for their part, have not yet formally announced any candidate, but the sources consulted assure that they handle 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, of Administrative Litigation.
The same sources reveal that the best positioned so far are Pablo Lucas, the judge in charge of controlling the CNI, and Tolosa, the president of the Administrative Litigation Chamber of the TS.
The path towards the agreement is now clearer than just a few hours ago because the Supreme Court (TS) has refused to suspend Rafael Mozo as interim president of the CGPJ, as part of the appeals made by the member Wenceslao Olea and the general secretary of the CGPJ , José Luis de Benito, against the bicephaly of the Judiciary.
This was one of the factors that weighed on the negotiations of the CGPJ since, if the Supreme Court had chosen to provisionally remove Mozo as "alternate president" of the Council, this would have meant questioning the legitimacy of the plenary session in which the two could be agreed candidates for the TC and, therefore, their validity.
Legal sources point out to Europa Press that in the internal deliberations of the Council a second issue could be crossed, since the Government - which until now had chosen to give the CGPJ a reasonable time to designate its pair for the TC - could give because the deadlines after tomorrow's plenary session have expired.
Since last June 12, the TC is waiting for the Government and CGPJ to name the substitutes for the four magistrates whose mandate expired that day and who form the third that the Constitution mandates to appoint the Executive and Council.
At first, the legal doubts about whether the two from Moncloa could take office without waiting for those of the CGPJ stopped the Government, but some sources maintain that the legal counter-reform that last July returned to the Council its powers to appoint its two candidates for the TC resolved this dilemma, which is why the thesis that a separate renewal is possible gains strength.