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The Constitutional admits the appeal of the PP against the latest reform on the CGPJ to renew TC

MADRID, 17 Nov.

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The Constitutional admits the appeal of the PP against the latest reform on the CGPJ to renew TC


The Constitutional Court (TC) has admitted for processing the appeal presented by the PP against the counter-reform of the Organic Law of the Judiciary (LOPJ) approved last July that returns to the General Council of the Judiciary (CGPJ) in office its power to designate to the two magistrates that correspond to him in the Constitutional itself.

As reported by the guarantee court, the Plenary of the court has agreed to study the merits of the appeal and rule on Organic Law 8/2022, of July 27, which modifies articles 570 bis and 599 of Organic Law 6/1985 , of July 1, of the Judiciary. The vice president of the TC, Juan Antonio Xiol, has been in charge of writing the paper.

It should be remembered that the Constitutional Court still has to resolve the appeals presented by PP and Vox against the first reform of the LOPJ, the one approved in March 2021 to prohibit an expired CGPJ -like the current one- from making discretionary appointments in senior courts, a limitation that has led several chambers of the Supreme Court (TS) to the brink of collapse due to the impossibility of filling the vacancies that have arisen since then.

The presentations of these first resources have fallen on Xiol and the magistrate María Luisa Balaguer. Court sources have indicated to Europa Press that both have advanced their work, but that the latest reform of the LOPJ imposes "a time for examination and reflection."

The same sources explain that, if the appeals against the first reform have not yet been resolved, it is because the Constitutional --according to its "inveterate practice" in these 40 years-- chose not to interfere in the political negotiations between PSOE and PP to renew the CGPJ.

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