The TC will address the request of the PP to stop the reform of the court one day before its first examination in the Senate

The Constitutional postpones the discussion, leaving Congress free, but shifts the focus to the Upper House

MADRID, 15 Dic. (EUROPA PRESS) -

The extraordinary plenary session of the Constitutional Court (TC) that will address the request of the PP to stop the parliamentary processing of the reform of the TC itself will be held just one day before said reform, and the other amendments included in the bill to eliminate the sedition, along with the proposal itself, face their first examination in the Senate, in the Justice Commission.

The decision taken by the president of the TC, Pedro González-Trevijano, to suspend the extraordinary plenary session that began this Thursday to continue it next Monday has allowed the bill and the set of amendments that it carries to be voted on this Thursday in Congress of the Deputies.

Thus, the decision that the Constitutional Court finally takes on the very precautionary measures requested by the PP in its appeal for amparo --with which it seeks to stop the parliamentary processing of the amendments that affect the General Council of the Judiciary (CGPJ) and the TC-- will have a direct impact on the course of the bill in the Senate.

According to the deadlines managed by the Upper House, on Tuesday, December 20, the Justice Commission would be held first thing in the morning, which would have to “expressly” approve the opinion on the reform of the Penal Code so that it can go to the plenary session on Thursday, December 22. .

The Government has decided to further shorten the deadlines for the processing of the sedition law in the Senate and, according to its calendar, this regulation would not even be a week in the Upper House.

Once the reform of the Criminal Code is approved in Congress this Thursday, it will enter the Senate this same Friday, December 16, when the Bureau and the Spokesmen of the Justice Commission will meet to ratify Tuesday, December 20 as the day for Pass your first exam at this legislative venue.

The Government's idea is to have this rule approved in plenary session on December 22, so that it would only be processed in the Upper House for four days. However, everything is subject to the decision of the Constitutional Court next Monday.

The TC was scheduled to begin an extraordinary plenary session at 10:00 a.m. to decide on the admission of the 'popular' appeal and the precautionary suspension, but it did not start until three hours later and it did so only to agree on the postponement to Monday.

The reason is that the five progressive magistrates --Juan Antonio Xiol, Cándido Conde-Pumpido, María Luisa Balaguer, Inmaculada Montalbán and Ramón Sáez-- have asked for more time to study not only the challenge of the PP and the very precautionary measures, but also the writings Subsequently presented by PSOE, Unidas Podemos (UP) and Vox, given the "complexity" and "relevance" of the matter. And the president of the TC has agreed to it.

In their writings, PSOE and UP request the Constitutional Court to have them as persons and refuse to suspend the parliamentary processing of said amendments, warning that, otherwise, the rights of the deputies and the citizens they represent will be affected.

Podemos has gone a step further and has asked to remove González-Trevijano and magistrate Antonio Narváez from the deliberation of the PP's appeal, considering that they have a conflict of interest because, if said reform is approved, they would be replaced by the new magistrates appointed by the Government.

Vox, for its part, has also made a move and has joined the PP presenting another amparo appeal where it also requests the Constitutional Court to suspend the parliamentary processing of said amendments.

It should be remembered that the TC is facing an unprecedented situation. If he finally agrees to the 'popular' request to paralyze the legislative 'iter' of the reform, it will be the first time in his 40-year history that he suspends a debate and a vote in the Cortes Generales.

The PSOE and UP introduced the challenged amendments after the negotiations within the CGPJ to appoint their two candidates for the TC ran aground on December 2, due to the tacit veto of the conservative bloc to the candidate of the progressive members -the magistrate of the Supreme Court (TS) José Manuel Bandrés-- and the refusal of the latter to return to fatten their list of applicants (which came to have nine).

After the parliamentary movement, the progressive wing advocates waiting for the new system to be approved in the Cortes Generales to vote with it now, while the conservative bloc has launched two candidates -the also magistrates of the TS César Tolosa and Pablo Lucas- - to try to avoid this reform, in what supposes an exchange of roles with respect to the positions that the two currents of the CGPJ maintained until now.

This same Thursday, the interim president of the CGPJ, Rafael Mozo, has called an extraordinary plenary session for December 20, at 5:00 p.m., to vote for the two candidates that he is responsible for designating for the TC. Tolosa and Lucas are the only applicants on the agenda, but other names may be added these days.

González-Trevijano, Narváez, Xiol and Santiago Martínez-Vares saw their mandate expire on June 12 and since then they have been waiting to be replaced by the Government and CGPJ, since the four form the third of TC magistrates that the Constitution entrusts to renew the Executive and Council. Moncloa has already nominated former minister Juan Carlos Campos and former senior government official Laura Díez, but the governing body of judges has not yet done the same.

The socialist and 'purple' amendments are aimed at clearing the obstacles so that Campo and Díez can take office without waiting for the two CGPJ candidates, which would mean promoting a shift in the TC, from a conservative majority to a progressive one.