The Spanish government is proposing an amendment to the law to unblock the election of the CGPJ and the constitution

Euskaraz irakurri: Espainiako Gobernuak lege aldaketa proposal du BJKNren et Konstituzionalaren izendapenak desblokeatzeko

The PSOE and Unidas Podemos will table two amendments to the reform of the criminal law which is being processed in Congress to unblock the Constitutional and General Council for the Judiciary (CGPJ) as advanced this Thursday eldiario.es.

The first amendment amend Organic Law 6/1985 of the Judiciary to three-fifths majority that the CGPJ must add to the election of the two constitutional magistrates corresponding to it, so now a simple majority is sufficient.

According to the aforementioned newspaper, the amendment includes a new wording of Article 599.1.1ª of the Law on the Judiciary, so that within five working days “the members of the Council shall submit to the Presidency candidates for the office of Magistrate of the Constitutional Court” , with a maximum of one candidate for each vowel.

Thus, according to the amendment, once the deadline for candidacies has expired, the person responsible for the presidency will be “obliged to convene an extraordinary plenary session to proceed with the election of the two magistrates”, which will have to be held “within a maximum period of three working days after the call”.

The candidacies are presented in the plenary meeting to vote of the vowels present, without a minimum quorum requirement and a single voice that will not be secret. For example, each member will be able to vote for a single candidate, electing the two magistrates who obtained the highest number of votes, and not three-fifths of the votes cast, as was the case up to now, explains eldiario.esindicating that the Spanish government believes so the current block would be resolved in approximately 11 business days since the publication of the standard in the Government Gazette (BOE).

In addition, to guarantee renewal, a clause has been added stating that, in the event that the members or the chairman of the CGPJ insist on the blockadeI know will bear responsibilities “of all kinds, including criminal.”

The second amendment Organic Law 2/1979 to amend the Constitution so that if after 9 years and 3 months of the mandate of the magistrates proposed by the CGPJ and by the government, “one of these two bodies had not made its proposal”, it will proceed “to the renewal of the magistrates appointed by the body that has fulfilled its constitutional task “.

In this way, the discussion or renewal by third parties, in this case two elected by the government and two by the highest governing body of judges, is jointly ended and the need for verification is removed. Constitutional Court of the New Magistrates.

Also, a section is added to Article 19 of the Constitution that makes Congress, Senate, CGPJ, and government the ones obligated to review the eligibility of elected magistrates while determining a new reason for dismissal , the amendment said, “for failure to comply with the requirements of Article 159.2 of the Constitution”.

With these amendments the Executive is responsible for unblocking the indications of the magistrate of the National Court and former minister Juan Carlos Campo and of the constitutional professor and former director general of the presidency Laura Díez as new magistrates of the high court.