Key Wednesday to renew the Constitutional: the conservatives of the CGPJ prepare to appoint a candidate

The negotiating commission of the Judicial Power to designate candidates for the TC was launched on September 8 but the conservative members had not proposed a single nameThe conservative sector of the CGPJ will hold a meeting this Wednesday, from which its candidate for the TC could come out the name of Sánchez Melgar in the conservative sector and those of José Manuel Bandrés and Pablo Lucas in the progressive They proposed to wait for the contacts between the PP and the PSOE to unblock the CGPJ to bear fruit; or for the visit of the EU Justice Commissioner to take effect; they assured that they did not find a suitable candidate for the Constitutional Court; and so, until today. The conservative members of the Judiciary have been making excuses for two months to keep the renewal of the Constitutional Court blocked, where the Council must appoint two magistrates, but the time for excuses seems over and the CGPJ is preparing to appoint its two magistrates for the TC.Uno will leave the progressive bloc, which according to sources in that environment has practically decided who to appoint, although for now the names of two candidates are circulating: José Manuel Bandrés and Pablo Lucas. The two were on the list of nine magistrates of the Supreme Court, the progressives presented to the conservatives and they are the ones that are being considered. The other has to leave the group of conservative members, and in the judicial world there is already a name: that of the former Attorney General of the State, Julián Sánchez Melgar, as a candidate of that bloc. To specify and advance, the Conservatives meet this Wednesday, as published by the newspaper El País. If they decide to appoint Sánchez Melgar, or if they find another candidate, there will already be a judiciary tandem. The duo will join the candidates that the Government must propose. It would be at least an agreement in the midst of a few weeks of debacle in the judicial world. With the resignation of the president of the TS and the CGPJ, Carlos Lesmes; the quasi-agreement broken in extremis by the PP; the bicephaly with two interim presidents in CGPJ and TS to replace Lesmes; and ultimately, the image of Justice more deteriorated than ever. Change of balances in the TC The four new members of the TC, at the proposal of the CGPJ and the Government, will replace as many outgoing: the president of the court of guarantees, Pedro González Trevijano; Vice President Juan Antonio Xiol; Antonio Narvaez and Santiago Martinez Vares. Of them, all but Xiol are conservative. The balance between the new ones will be the inverse. The two appointed by the Government, plus the one from the CGPJ at the proposal of the progressives, will be of that tendency. The fourth will be the one that must decide the so-called conservative sector. This will make effective the change of forces in the Constitutional Court, which in recent years has been dominated by magistrates considered conservative. There is still a fifth to name. He must leave the Senate and at the proposal of the PP, to replace Judge Alfredo Montoya, who resigned in July due to a health problem. The rupture of the negotiations between PSOE and PP to renew the CGPJ has broken -rather than tightened- the rope between both parties. So the Socialists may now not make it easy for the Popular Party, who do not have a majority in the Senate. As for the pending matters of the TC, some as important as the appeals against the Abortion Law (presented 10 years ago); that of Euthanasia; or the Education Law of Isabel Celáa; plus others that may arrive, such as the one that the PSOE expects from the Trans Law. Agreement shattered The truth is that the members of the Council had kept the negotiating commission operational to renew the TC, but they had not advanced. They were waiting for these appointments to come out of the agreement that PSOE and PP were trying to reach and whose main objective was to renew the General Council of the Judiciary itself. But once the unblocking of the Judiciary has been ruined, the members have decided to continue with their “obligations”, according to what they assured NIUS from within. And one of those obligations is precisely to appoint the two magistrates who must appoint for the TC. In recent days, in addition, there have been contacts between blocks that generate good expectations. Those of the Constitutional Court are the only two magistrates that the CGPJ can appoint. A year and a half ago, the Government managed to get Congress to modify the Judicial Power Law so that the Council could not make appointments of judges. But in view of the fact that the TC had to be renewed, they introduced a modification of the modification so that they could name those of the Constitutional. That angered the Council, especially the conservative sector, which since the negotiating commission was created has been blocking the replacement of these magistrates. But now, without an agreement to renew the Council and with no sign that this will change in the short term, they get to work. Meanwhile, in the Constitutional they wait for the new members, since they have also been “dispatching procedural matters” while waiting for the renewal. This was assured by sources to NIUS sources from the TC, where a president must also be appointed. Two progressives: Cándido Pumpido and Asunción Balaguer are emerging as possible replacements for Pedro González Trevijano, who has been president for a year, even longer than expected when he arrived, since his term ended in June this year. these four magistrates in their seats is not one of the most critical there has been, far from it. However, internal sources assure that it is exceptional, because precisely those appointed in the Government-CGPJ quarter had always been appointed in a timely manner. The Government can appoint its magistrates Although the four go hand in hand, in the Constitutional Court there are those who are very clear that if the CGPJ does not send its candidates, there will be no problem for the Government to send its own. And that even if there is an appeal, “it does not have much chance of prospering.” These sources explain that once the CGPJ is empowered to appoint these magistrates, there is no reason for the Government not to appoint its own, since then it would be an exclusive problem for the Judiciary. Of course, the proposals must be endorsed by the TC and not all its members see it the same.