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The TC decides this week whether to review the latest reform on the CGPJ and study the law against 25% of Spanish

MADRID, 13 Nov.

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The TC decides this week whether to review the latest reform on the CGPJ and study the law against 25% of Spanish


The Constitutional Court (TC) will decide in its plenary session this week whether or not to admit the appeal filed by the PP against the counter-reform of the Organic Law of the Judiciary (LOPJ) approved last July to return to the General Council of the Judiciary (CGPJ) in functions its power to designate the two magistrates that correspond to it in the Constitution itself. It will also deliberate on Vox's appeal against the Catalan law that circumvents the sentence of 25% of Spanish.

As reported by the court of guarantees, the vice president of the TC, Juan Antonio Xiol, will be in charge of writing the paper on the appeal formulated by 'popular' deputies against Organic Law 8/2022, of July 27, which modifies the Articles 570 bis and 599 of Organic Law 6/1985, of July 1, on the Judiciary.

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 the high courts, a limitation that has brought several rooms 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 told 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 Court --according to its "inveterate practice" over these 40 years-- chose not to interfere in the political negotiations between PSOE and PP to renew the CGPJ.

Likewise, it is on the agenda that the court will deliberate on the appeal presented by the Vox deputies against the Decree-law of the Generalitat of Catalonia 6/2022, of May 30, which establishes the criteria applicable to the preparation, approval, validation and review of language projects in schools.

Vox filed an appeal of unconstitutionality against the decree law on the use of languages ​​in schools and that, in his opinion, "tries to once again abandon the use of Castilian." Those of Santiago Abascal consider that the measure of the Generalitat is only "a stratagem" to give the schools a "legal shield" with which to be able to breach the 25% ruling.

Specifically, Vox's appeal questions whether the Generalitat resorted to the figure of the royal decree when, in his opinion, "there is no extraordinary and urgent need" that makes the use of this exceptional mechanism necessary.

The formation argued that the Catalan law affects the Constitution in relation to the right of Spaniards to know Spanish and the right to use it. "Co-officiality must be subject to a pattern of balance or equality between languages ​​without granting prevalence or preponderance to one over another," he pointed out.

In addition, the magistrates will also study the appeal that the Vox deputies presented against several articles of Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination. The presentation, the court has specified, will be written by Judge Santiago Martínez-Vares.

On the sidelines, the plenary session plans to begin the deliberation on the appeal presented by former Catalan president Carles Puigdemont --together with former minister Toni Comín-- against the decision of the Supreme Court to endorse the agreement of the Central Electoral Board (JEC) that left vacant their seats in the European Parliament for not abiding by the Constitution.

In 2020, the Supreme Court dismissed the appeals raised by both leaders against three agreements of the (JEC) --of June 13 and 20, 2019-- in which the European Parliament was informed that their seats as elected MEPs were left vacant until that they did not comply with the Constitution, and their inclusion in the list of elected representatives sent to the European Chamber was denied. As specified by the court of guarantees, the magistrate Cándido Conde-Pumpido will be in charge of drafting the sentence.

Likewise, the Constitutional will study the disqualification incidents formulated by Puigdemont, Comín and the former minister Clara Ponsatí to try to separate the magistrates Antonio Narváez and Enrique Arnaldo from certain deliberations related to the cause of the 'procés'.

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