Progressives and conservatives are entrenched in their positions with the only commitment to hold that first vote
MADRID, 2 Dic. (EUROPA PRESS) -
Negotiations within the General Council of the Judiciary (CGPJ) to designate the two candidates for the Constitutional Court (TC) that fall under the CGPJ have run aground because progressive members insist on maintaining the candidacy of the Supreme Court (TS) magistrate. José Manuel Bandrés and his conservative peers to claim other names, which means that, for now, the only agreement is to hold a first vote on December 22.
According to the sources of the governing body of the judges consulted by Europa Press, the series of meetings that have taken place since the Government appointed its two candidates for the Constitutional Court last Tuesday -- the former minister Juan Carlos Campo and the former senior of Moncloa Laura Díez-- have served for the progressive and conservative spokespersons to confirm to the other party that they remain in the positions established on November 16.
That day, the conservative members told their interlocutors the need to change the negotiation method. They proposed that, instead of each block proposing a candidate that was automatically assumed by the other, both currents would put several names on the table to choose the two candidates for the TC jointly.
This movement occurred after the progressive members nominated Bandrés on November 3, thus reducing the list of nine candidates that they launched last October, so from this sector the rule change proposed by the conservative negotiators is perceived as a I covertly veto the magistrate of the TS, since formally --they point out-- they have not formulated any blemish.
At this juncture, the negotiating commission -- made up of José Antonio Ballestero and Carmen Llombart, from the conservative side; and Álvaro Cuesta and Roser Bach, from the progressive side-- met for November 30, last Wednesday, to try to unblock the talks, but said meeting was overshadowed by the appointment of Campo y Díez.
The conservatives asked the progressives for more time to assess the impact of Moncloa's appointments in the CGPJ negotiations and that same day at night they held an internal conclave in which they agreed to leave the issue of Campo and Díez on the sidelines --although some Vocals believe that they are excessively politicized profiles that the Council should compensate by sending blameless candidates to the TC from the point of view of impartiality--.
Once the matter of Campo y Díez was resolved, the negotiating commission met again on Thursday morning. The conservatives had an impact on demanding more names from the progressives, in addition to Bandrés, and the latter debated it in an internal meeting that same afternoon that ended with the decision to maintain the sole candidacy of this magistrate of the Contentious-Administrative Chamber of the Supreme Court. .
Thus, this same Friday the progressive members have transferred to their conservative colleagues that they are not willing to debate the "suitability and opportunity" of Bandrés's candidacy, nor the "suitability and opportunity" of the candidates that the conservative sector may announce.
However, the only point on which both blocks agree at this point is that on December 22 there will be an ordinary plenary session in the CGPJ in which the first vote on appointments to the Constitutional Court will be held.
The two sectors of the Council are willing to vote, although from both currents it is warned that it is possible that there will not be white smoke that day, which would mean postponing the eventual agreement to 2023. From this Plenary, each member is expected to propose and vote what you consider appropriate without prior consensus, clarify the aforementioned sources.
Although the conservative members have not yet formalized any name, as Europa Press has learned, they manage six: Pablo Llarena, Julián Sánchez Melgar and Vicente Magro, from the Criminal Chamber of the TS; and César Tolosa, Inés Huerta and Diego Córdoba, from the Contentious-Administrative Chamber.
However, the sources consulted indicate that in reality the best positioned to obtain the endorsement of the CGPJ as a whole are Tolosa and Pablo Lucas, the TS magistrate in charge of controlling the activity of the CNI and who was on that first list of nine candidates given to know by the progressive vowels. THE RENEWAL OF THE TC
Meanwhile, the Constitutional Court has chosen to wait for the CGPJ to hold its ordinary plenary session on December 22, thus ruling out examining the two Executive candidates separately to verify if they meet the legal requirements to access the guarantee court.
Campo and Díez would come to replace the president of the TC, Pedro González-Trevijano, and Antonio Narváez, but the vice president, Juan Antonio Xiol, and Santiago Martínez-Vares would still have to be replaced, since these four magistrates make up the third that the Constitution entrusts renew to the Government and CGPJ and whose renewal has been pending since June 12.
Legal sources point out that at the moment there are conflicting positions within the TC, with one that sees it possible for the two from Moncloa to overcome the Constitutional 'placet' alone and renew the third by halves (from two to two); and another that understands that the Magna Carta requires that the renewal be done with the full third (all four at the same time).