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The TC endorses the abstention of Campo and Díez and postpones the recusals of Vox to four magistrates to a next plenary session

The former Minister of Justice and the former high office of Moncloa chose to depart from some matters.

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The TC endorses the abstention of Campo and Díez and postpones the recusals of Vox to four magistrates to a next plenary session

The former Minister of Justice and the former high office of Moncloa chose to depart from some matters

MADRID, 24 Ene. (EUROPA PRESS) -

The Constitutional Court (TC) has endorsed in its plenary session this Tuesday the abstentions of magistrates Juan Carlos Campo and Laura Díez for certain matters --'only yes is yes', labor reform and 25% of Spanish in Catalan classrooms- -, while he has appointed a rapporteur to bring his proposal on Vox's challenges against the president of the TC, Cándido Conde-Pumpido, Campo, Díez and María Luisa Segoviano to a next plenary session.

The Plenary has ratified the decision of Campo y Díez to voluntarily depart from some issues that were on the agenda of this first jurisdictional conclave of the new TC.

Díez, a former high-ranking official of Moncloa, chose to abstain because the Plenary has in its hands an appeal by Omnium Cultural against the decision of the TC to reject his appearance in the question of unconstitutionality formulated by the Superior Court of Justice of Catalonia (TSJC) to that the Constitutional review the law approved by the Government that eliminates the obligation to teach 25% of the classes in Spanish.

However, the sources indicate that, once his abstention was ratified in plenary regarding the challenge of Omnium Cultural -- presentation by magistrate Ricardo Enríquez --, this will be extended to the presentation on the appeals of the Popular Party and Citizens against the law Catalan, which fell to Díaz when he inherited the entire portfolio of affairs of the former magistrate of the TC Antonio Narváez.

The reason for Díez's abstention is that she signed several opinions of the Council of Statutory Guarantees of Catalonia, as vice-president, in favor of not imposing said percentage of Spanish in the classrooms of the autonomous community.

As for Campo, he chose not to participate in the deliberations on whether or not to admit Vox's appeal against the 'law of only yes is yes' - a presentation by Ramón Sáez - because when the Government drafted it he was still a minister of Justice.

He also distanced himself from the discussion on a series of information requirements -also a presentation by Ramón Sáez- related to the appeals launched by the 'popular' deputy Alberto Casero, the PP and Vox against the vote on the labor reform because they are aimed at against the president of the Congress of Deputies, Meritxell Batet, Campo's current partner.

The appellants fight Batet's decision not to allow Casero to vote in person after he issued a 'yes' electronically, a vote that was key for the labor reform to be approved on February 3, 2022, and for the lawyers of the Congress of the Deputies concluded that it was due to human error, not a failure of the remote voting system.

It should be remembered that, after leaving the Ministry of Justice and occupying his position as magistrate in the Criminal Chamber of the National Court, Campo also had to refrain from participating in decisions related to cases linked to political parties, such as the pieces of the 'case Villarejo' known as 'Dina' and 'Kitchen'.

On the other hand, the Plenary has agreed to designate Ricardo Enríquez as rapporteur for the challenges launched by Vox. Thus, he will be in charge of first seeking the opinion of those affected, who could choose to voluntarily withdraw. Otherwise, the matter will be taken to a new plenary session where either the admission for processing will be decided, or the inadmissibility outright, according to the sources consulted.

From the TC, some voices see the need for the court to protect its jurisdiction against the challenges made by those of Santiago Abascal. Thus, they explain that by questioning 4 of the 11 magistrates that make up the court of guarantees, it would be impossible for the plenary session in which the appeal against the penal reform is addressed to be formed with the minimum of 8 magistrates required by law.

These same voices add that the challenges against Constitutional magistrates must be especially well-founded, since this court does not have mechanisms to replace its members.

Vox pointed to Campo because of his sentimental relationship with Batet and his previous positions as Minister of Justice and Socialist deputy, considering that he could "have a direct or indirect interest" because it is a law "that his former colleagues in the parliamentary group have approved."

In relation to Díez, the party singled her out for having "participated directly or indirectly in the matter that is the subject of the lawsuit, due to her status as a high position in the Ministry of the Presidency and being a trusted staff of Minister Félix Bolaños."

Regarding Segoviano, he mentioned his statements "while he was an emeritus magistrate of the Supreme Court." Specifically, when she referred to self-determination in the following terms: "This is a very complex issue, extremely complex. It is a subject with many edges that must be studied."

Lastly, de Conde-Pumpido highlighted his "special ties to the government party" and for "having been a defender or representative of one of the parties or having intervened in a lawsuit as a prosecutor."

In addition, as reported by the TC itself, the vice-president, Inmaculada Montalbán, has been appointed as rapporteur for the resolution of the recusal incident presented by the municipalities of El Gordo and Berrocalejo against Enríquez in the amparo appeal over the 'Isla de Valdecanas'.