The parties present a dozen writings to the TC before the reform that seeks to renew the court itself

MADRID, 19 Dic. (EUROPA PRESS) -

Different political formations have presented in recent days a dozen writings to the Constitutional Court (TC) as a result of the appeal of the PP that seeks to stop the parliamentary processing of two amendments -included in the bill that repeals sedition- - by which the system of election and arrival to the Constitutional itself of the two candidates that corresponds to appoint the General Council of the Judiciary (CGPJ) is reformed.

The writings began to arrive at the guarantee court after the extraordinary plenary session that took place last Thursday - and which was finally postponed until that Monday - in which the magistrates planned to deliberate and vote on the admission to processing of the appeal that was filed. the PP against said amendments and the very precautionary measures that it demanded to prevent the reform from being approved this Thursday in the Senate.

So far, there are 10 writings: five from the PSOE, three from Unidas Podemos, one from the PP and one from Vox. On the sidelines are the battery of texts that these four political formations presented before the extraordinary plenary session last Thursday and that allowed the appointment to be postponed in the Constitutional Court; that is to say, the appeal of the 'populares' and that of those of Santiago Abascal, the recusal presented by United We Can to remove two of the 11 magistrates and the letter of the PSOE in which he asked that he be taken as person.

Last Friday, the spokesman for the United Podemos Parliamentary Group, Pablo Echenique, asked the Constitutional Court to suspend the extraordinary plenary session on Monday, considering that the appeal of the PP and the very precautionary measure that it was demanding had "run out of purpose" after Congress will vote on the bill and its respective amendments on Thursday.

That same day, the deputy and general secretary of the Socialist Parliamentary Group of the Cortes Generales, Isaura Leal, presented a letter in which she asked that she be taken as a person in the amparo appeal filed by Vox and recorded her opposition against " any precautionary measure requested. In the same letter, she requested that a motion for recusal against judges González-Trevijano and Narváez be considered formulated.

On the sidelines, that same Friday, Leal in turn submitted a brief to adhere to said challenge but in the proceeding resulting from the appeal of the 'populars'.

To the list of texts presented on Friday is added that of Vox. The formation asked the court "to suspend the processing of the legislative initiative in the Senate, while the amparo appeal is not resolved."

Vox stressed that this would avoid "irreparable damages that if the process continues, and is voted on in the Senate, it would occur with a warning that any act, resolution, agreement or factual route that contravenes the suspension will incur radical nullity and consequent ineffectiveness. requested".

For its part, that Friday the PP registered before the Constitutional Court an extension of its amparo appeal. Specifically, he attached the minutes of the meeting of the Bureau of the Justice Commission, in which it is stated that the lawyers of the Commission assured that there are amendments that could "not have a material connection" in addition to not keeping "a minimum homogeneous relationship " with the bill, as well as that the president "ignored said warnings" and rejected the request of the PP not to include said amendments.

The 'popular' had an impact on the fact that although the opinion on the bill was voted on in plenary session of Congress, their request for amparo was referring to the parliamentary procedure, for which reason, as they defended, the transfer of the initiative to the Senate to continue its parliamentary course does not prevent the guarantee court from acting.

Yesterday Sunday, the senator and deputy spokesperson for the Socialist Group in the Senate, María Fernández Álvarez, presented a letter to the court to request that she be taken as person before the appeal of the PP.

On the sidelines, he requested that the inadmissibility of the amparo requested by the 'popular' be agreed, showed his opposition to the precautionary measure that the PP demanded and adhered to the recusal incidents presented by United Podemos and the Socialist Group in Congress against González-Trevijano and Narváez.

That same Sunday, United We Can also registered a letter before the TC. In it, he asked that the Court of Justice of the European Union (CJEU) be consulted so that it rule on whether two magistrates of the judicial body, Pedro José González-Trevijano and Antonio Narváez Rodríguez, should automatically abstain due to "lack of impartiality" before the amparo appeal presented by the PP.

The formation also requested the Constitutional Court to ask the European judicial instance whether it should be understood that "having a direct or indirect interest in the lawsuit or cause" also occurs when the result of the lawsuit entails "the promulgation or not of a new regulation that directly affects to the personal, economic and professional interests of the judge or magistrate called upon to resolve, even when this affectation does not occur automatically but as a consequence of what is going to be resolved".

In a second letter, Unidas Podemos reminded the Constitutional Court that a reconsideration resolution to the Congress Table is pending, which means that the appeal for amparo presented by the PP is "clearly premature" for not having exhausted the previous parliamentary route, which would entail --in his opinion-- that it should be inadmissible.

The confederal group also insisted on the affectation of the right to political participation that the jurisdictional suspension of a parliamentary initiative would entail. He stressed that the initial appeal of the PP made reference to the need for the very precautionary request for the vote in Congress, which has already taken place, which --in his opinion-- means that the object of said request is lost, which must be inadmissible.

In line, the PSOE also addressed the TC yesterday Sunday. The deputy and general secretary of the Socialist Parliamentary Group, Isaura Leal, presented a series of arguments for the court to deny the precautionary and very precautionary measures requested by the PP.

As he defended, the question raised by those of Alberto Núñez Feijóo "intends to avoid the application of the principle of contradiction that is inherent in both legislative procedures and judicial processes."

"While the Cortes Generales have maintained regulatory normality in the legislative process subject to appeal and have respected the rights of all political formations and the principles of contradiction, debate and transparency, it is sought that the Constitutional Court issues a pronouncement ignoring these pillars basic principles of the democratic State and the rule of law," the party said.

Yesterday Sunday, the deputy and president of the Justice Commission of Congress, Felipe Sicilia, asked the court to have him as a person in the appeal presented by the PP since it was part of the legislative procedure that is appealed.

"My interest in guaranteeing the preservation of the effectiveness of the adopted acts is clear (...). I consider, in fact, that it is my obligation to defend the validity of the agreements that were adopted," he said. Within the framework of the same brief, Sicilia filed a motion for recusal against González-Trevijano and Narváez.