Post by account_disabled on Feb 20, 2024 5:41:11 GMT -6
Of vox and the pp against the reform of the general council of the judiciary (cgpj) that prevents it from making discretionary appointments in the judicial leadership while it has expired, and it will do so with two contradictory proposals, although the one that has the most support among the magistrates is the one that advocates endorsing the reform, according to the legal sources consulted by europa press. The president of the tc, cándido conde-pumpid , convened this monographic plenary session – which is not unprecedented but unusual –, at the request of the magistrate on whom the other presentation falls, césar tolosa, “given the complexity of the matter and the general interest ». The first appeal that entered the tc, in april 2021, was that of vox, in the hands of the progressive magistrate maría luisa balaguer. The text proposes to validate the reform of the cgpj by considering that article 122 of the constitution gives the legislator sufficient margin to regulate the governing body of the judges. The aforementioned precept states, regarding the cgpj , that "The organic law will establish its statute and the regime of incompatibilities of its members and their functions, particularly in matters.
Of appointments, promotions, inspection and disciplinary regime." furthermore, balaguer emphasizes that the constitution clearly states that the cgpj has a five-year mandate, after which it must be renewed, so it does not contemplate an acting council. Hence, he defends that these be limited, especially if they are discretionary in nature. On the other hand, the second presentation – the one relating to the 'popular' appeal – understands that, although said article allows the Buy Bulk SMS Service legislator to modulate the internal functioning of the cgpj, it does not grant it so much freedom as to strip it of one of the functions entrusted to it by the magna carta. , that is, to make appointments. Likewise, the conservative magistrate questions the political opportunity of the reform of the lopj, emphasizing that, if its powers were wanted to be limited to force its renewal, it should have been done when his mandate expired, on december 4, 2018, not three years later. The aforementioned sources clarify that neither of the two texts refers to the express.
Counter-reform approved in july 2021 to return to the cgpj its ability to make discretionary appointments but only to designate its two candidates to the tc. This second modification made it possible for the partial renewal of the constitutional court to take place last january, which had been pending since june 2022, causing a change from the then conservative majority to the current progressive one. The sources consulted do not doubt that balaguer's proposal will prevail, although they point out that this time it is to be expected that the blocks will break and some magistrates from the progressive majority (7 to 4) will vote with their conservative colleagues. Veto to its functions vox and pp call as unconstitutional the modification made in march 2021 to the lopj to prohibit a cgpj in an interim situation (like the current one) from filling the vacancies generated in the high courts. The legal reform intended to push the pp to the negotiating table to renew the governing body of the judges, but the lack of progress in appointing.