The Constitutional Court will complete its partial renewal tomorrow with the inauguration of the four new magistrates

The first plenary will elect the new president of the TC, with Conde-Pumpido and Balaguer as unofficial candidates

MADRID, 8 Ene. (EUROPA PRESS) -

The four new magistrates of the Constitutional Court (TC) --Juan Carlos Campo, Laura Díez, María Luisa Segoviano and César Tolosa-- will take office at 12:30 p.m. this Monday in a solemn act that will serve to consummate the partial renewal of the TC, pending since June 12.

That day the mandate of the third of the TC magistrates that the Constitution mandates to appoint the Government and the General Council of the Judiciary (CGPJ) in equal parts expired: Pedro González-Trevijano and Antonio Narváez, appointed in their day by the Executive of Mariano Rajoy ; and Juan Antonio Xiol and Santiago Martínez-Vares, who were nominated by the governing body of the judges.

In his place will be the former Minister of Justice Juan Carlos Campo and the former high office of Moncloa Laura Díez, proposed by the Government on November 29; as well as María Luisa Segoviano, former president of the Social Chamber of the Supreme Court (TS), and César Tolosa, until now president of the Contentious-Administrative Chamber of the TS, who were nominated by the CGPJ in its extraordinary plenary session of the December 27.

The four candidates already swore or promised the position before the King on December 31, after the Plenary of the TC gave them their 'placet' after verifying that they met the legal requirements for the position – being Spanish citizens; magistrates, prosecutors, lawyers, university professors or public officials; and "jurists of recognized competence with more than 15 years of professional or active practice in the respective function"--.

The inauguration of this January 9 is the last solemn act that the four magistrates must carry out to consummate what will be the fourteenth partial renewal of the Constitutional Court.

With this, there will be a change in the balance of forces in the TC, since it will go from a conservative majority --from 6 magistrates to 5-- to a more comfortable progressive one --from 7 to 4--.

It should be remembered that the position of Alfredo Montoya, who resigned last summer for health reasons, is still vacant. This magistrate was appointed by the Senate, so it must be the Upper House that appoints his replacement through a selection process that has already been launched.

In addition, there is the circumstance that two of the outgoing magistrates, Pedro González-Trevijano and Juan Antonio Xiol, hold the Presidency and Vice-Presidency of the TC, respectively, so the new holders of these positions will have to be elected.

After the departure of González-Trevijano, the most senior magistrate, Ricardo Enríquez, will assume the functions of president on an interim basis to convene a first plenary session where the president and vice president will be voted on.

Until now, the two names that have emerged to preside over the Constitutional are those of Cándido Conde-Pumpido and María Luisa Balaguer, both of the progressive wing.

In the last week there have been informal contacts to test the ground but the sources of the court of guarantees consulted by Europa Press assure that it will not be until after the inauguration when both blocks, progressive and conservative, meet to launch formal candidates .

The aforementioned sources state that, probably, the plenary session to elect the president and vice president will be held on Tuesday, so it is to be expected that the contacts of the final applicants with the other magistrates will take place in those 24 hours with the aim of achieving the enough supports.

The sources emphasize that the newcomers will be "determinant" to tip the balance, hence the importance of the negotiations that take place once they have taken office.

In an interview granted last Monday to Onda Cero, Segoviano refused to reveal whether he would support Conde-Pumpido or Balaguer, but stressed the importance that whoever exercises the Presidency of the TC have the necessary "empathy" to "smooth things out" between the magistrates when be necessary.

The vote will be secret and will require an absolute majority but, if there is no 'white smoke', a second vote will be carried out, which will be resolved by simple majority. In the event of a tie, a final vote will be made and, if the tables persist, the most senior magistrate: Enríquez, will be proposed for the position.

Once selected, the candidates for president and vice president of the TC will be elevated to the head of state, who is responsible for making said appointments for a period of three years, renewable only for another three.