The TC will decide this Monday on the PP’s appeal to oppose the changes in the judiciary

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The court will hold an urgent plenary session to decide whether to admit the PP’s appeal against the amendments that reform aspects of the judiciary within the repeal of the incitement offense.

Euskaraz irakurri: Astelehen honestan erabakiko du Konstituzionalak Botere Judizialaren erreformari PPk jarri dionhelgiteaz

The extraordinary plenary session of the Constitutional Court (TC), which was due to start at 10 a.m. on Thursday, has again been postponed to Monday. Initially, the magistrates requested time to study the PP’s appeal and the writings of PSOE, Unidas Podemos and Vox.

Legal sources have reported that the guarantee court plenary must first decide on the challenges of its president, Pedro Gonzalez-Trevijanoand the magistrate Antonio Narvaez as they are directly affected by the law as this would imply their departure from the court.

The President of the Unidas Podemos Parliamentary Group, Jaume Asens, has requested the resignation of the President of the Constitutional Court (TC), Pedro Gonzalez-Trevijanoand to the magistrate Antonio Narvaezof the deliberation of the PP’s appeal asking to paralyze the parliamentary treatment of the reform on the TC itself, as they believe they have a conflict of interest because if the reform is approved they would be replaced by the new magistrates appointed by the government.

González-Trevijano and Narvaéz are two of four TC magistrates whose terms of office expired on June 12. The two were appointed in their time by the government of Mariano Rajoy, while the other two who remain in office – the Vice President, Antonio Xiol, and Santiago Martínez-Vares – were appointed by the General Council for the Judiciary (CGPJ). .

The meeting, which will eventually take place next Monday, will serve to decide whether the PP’s appeal will be upheld very gently paralyze processing partial changes to the proposal of law repealing the crime of seditionchanging the judiciary.

As reported by the Guarantee Court, this Wednesday the Amparo appeal filed by the PP group in Congress was registered in the court registry. The presentation of the case has fallen to the magistrate Enrique Arnaldo.

The appeal of the PP deputies is directed against the agreement of the Office of the Judiciary Committee this Monday, which allowed the partial amendments of the PSOE and Unidas Podemos under the bill that abolishes the crime of sedition.

In these amendments, the Spanish government groups propose moving from a three-fifths majority – which now requires at least 11 votes – to a simple majority for the CGPJ to nominate its two candidates for the TC and that, in the event that If the body continues to fail in its obligation to send two candidates, its members may be held criminally liable. The governing body of the judiciary has not been renewed for four years.

In addition, said amendment envisages that instead of each of the 18 members proposing and voting for two candidates, they will propose and vote only one candidate, which would guarantee that the two most voted candidates are those elected by each bloc of the Council (progressive and conservative).

The general secretary of the PP, Cuca Gamarra, has demanded that the guarantee court rule before next Thursday’s plenary session, which will debate the bill. Gamarra assures that they want to “enter through the back door the amendment of two organic laws to control the TC”, the law of the judiciary and that of the Constitutional Court.

Without precedents

The Constitutional Court has never paralyzed an ongoing legislative process over a single-party Amparo appeal, as the PP now claims.

According to legal sources cited by EFE, “there is no precedent in 40 years” in which a rule-making legislative process has been paralyzed by the filing of a protection request at the request of a parliamentary group. The sources explain that protection can be sought for a matter of parliamentary procedure, such as the Table’s agreements, but “there is no precedent for this protection to paralyze the parliamentary process“.

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Source: EITB

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