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The PSOE registers a legislative reform in Congress this Friday that returns the renewal of the TC to the incumbent CGPJ

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The PSOE will enter a bill this Friday in the Chamber of Deputies, which will urgently be processed so that the General Council of the Judiciary (CGPJ), in office since December 2018, can again propose to two judges the renewal of the Constitutional Court, according to what ‘Eldiario. es’ and political sources have confirmed to Europa Press.

The government promoted the reform of the Organic Law of the Judiciary (LOPJ), passed in March 2021, which prohibited the governing body of judges from making discretionary appointments in the judiciary leadership during their tenure, a situation it has been in since December 2018.

Four of the 12 officers of the Guarantee Court stepped down last Sunday with uncertainty as to when and how they will be replaced. The Constitution requires this third to be renewed by the Executive and the General Council of the Judiciary, each proposing two candidates, but the lack of agreement between the PSOE and the PP to agree on a new CGPJ has led to this that the current one cannot be named their own, raising doubts as to whether Moncloa can act alone.

The constitution, in its Article 159, states that “the members of the Constitutional Court shall be appointed for a period of nine years and renewed every three years by third parties”, with the King appointing “four on the proposal of Congress by a majority of three-fifths of its members”. ; four on the proposal of the Senate with an equal majority; two proposed by the Government and two proposed by the General Council of the Judiciary”.

From the literal tenor of the commandment, it follows that Magna Carta would commit to a full-thirds renewal, requiring both the Executive and CGPJ to appoint their two Magistrates to present a cohesive “package.” However, Guarantee Court sources consulted by Europa Press stress that this is a complex legal issue that may require in-depth analysis.

Source europapress.es

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