The process of partial renewal of the Constitution begins: plenary meeting and election of the president

With the four new admissions to the court, the board of majorities is changed in favor of the progressive sector

MADRID, 27 Dic. (EUROPA PRESS) -

Once the Government and the General Council of the Judiciary (CGPJ) have presented the names of the candidates to replace the four magistrates of the Constitutional Court (TC) who saw their mandate expire on June 12, the internal process of the cut of guarantees so that its partial renewal can be carried out. The new income represents a change in the majority of the court in favor of the progressive wing.

The aim is to replace the president of the TC, Pedro González-Trevijano; its vice-president, John Anthony Xiol; and magistrates Antonio Narváez and Santiago Martínez-Vares, who make up the third that the Constitution entrusts the Government and CGPJ with renewing.

Now that the four names are on the table, the legal process that will lead to his inauguration is activated. The first step is for the Plenary of the Court of Guarantees to meet to verify the requirements that the four candidates must meet: the magistrate of the National Court and former Minister of Justice, Juan Carlos Campo; the former director general of the Ministry of the Presidency Laura Díez; Supreme Court (TS) magistrate César Tolosa and retired TS magistrate María Luisa Segoviano.

According to the Organic Law of the Constitutional Court (LOTC), its members must be Spanish citizens who are magistrates, prosecutors, lawyers, university professors or public officials, "all of them jurists of recognized competence with more than 15 years of professional practice or active in the respective function.

After that, they will swear or promise office before King Felipe VI, who is responsible for appointing them, for a period of nine years. Concluded this protocol act, they will be able to take possession in the TC.

With the entry of these four candidates, the table of majorities in the Constitutional changes. Until now, the court included 6 magistrates from the conservative block and 5 from the progressive block.

In fact, last week the TC resolved an unprecedented vote with this formula --6 in favor and 5 against-- to urgently paralyze the parliamentary process, already in the Senate, of the two amendments that modify the system of election and arrival of the two candidates to the TC appointed by the General Council of the Judiciary (CGPJ), thus admitting the very precautionary measures requested by the PP in its appeal against said amendments.

The arrival of Segoviano, Campo and Díez will change this scenario and favor the progressive wing, which will manage to gather 7 magistrates. The conservatives, for their part, will keep 4.

All of this, while waiting for the vacancy of Judge Alfredo Montoya to be filled, who left office for health reasons; the law stipulates that his position will be filled in the same way in which the substitute magistrate was appointed and for the remaining time; that is, through the Senate. Before his appointment, he must first appear before the corresponding commission of the legislative headquarters.

Once the four new members of the Constitutional Assembly take office, the new president and vice president will be elected to replace González-Trevijano and Xiol. It will be a secret vote that, in a first round, will require an absolute majority and, in the event that it is not reached, 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 held and if it is repeated, the person with the greatest seniority in the position will be proposed, and in case of equality, the person with the greatest age," the law states. The name of the president and the elected vice-president shall be submitted to the head of state for his appointment for a period of three years. They can only be re-elected once.

Until now, the two names that have emerged as candidates to preside over the guarantee body are those of Cándido Conde-Pumpido and María Luisa Balaguer, both from the progressive wing of the court.

Sources from the guarantee body consulted by Europa Press rule out entering into an assessment of whether Segoviano's entry into the Constitutional Court may mean that the balance tilts in favor of Conde-Pumpido or Balaguer. The same sources are limited to celebrating that there is finally an agreement to renew the court.

However, the Organic Law of the Constitutional Court establishes that if the three-year term for which they were appointed as president and vice president does not coincide with the renewal of the body, "such term will be extended to end at the time said renewal is produce and take office the new magistrates".

Likewise, the legal text specifies that no magistrate may be proposed to the King for another immediate period, "unless they have held office for a period not exceeding three years."

The law also contemplates what must be done in cases like the current one, in which the renewal has been delayed for four months. "If there is a delay in the renewal by thirds of the magistrates, the time of the renewal delay will be subtracted from the mandate for the new ones who are appointed," he details.