The Government assures that it can appoint as of June 12 the two magistrates of the Constitutional Court that correspond to it in the next renewal shift, even if the blockade of the General Council of the Judicial Power (CGPJ) is maintained. This has been stated by the Minister of the Presidency, Félix Bolaños, in an interview on Onda Cero, where he has reproached the Popular Party for maintaining the blockade of the body of judges.
The circumstance occurs that on June 12 the mandate of a third of the magistrates of the court of guarantees expires and that two of its members must be appointed by the Executive and the other two by the Council. However, this renewal has always been carried out simultaneously by establishing the Constitution that the TC is renewed by thirds.
In fact, multiple voices from the world of Law believe that the formula that the Minister of the Presidency has defended today is not viable since the Magna Carta is exhaustive in establishing that the members of the Constitutional Court are appointed by thirds. Article 159.1 of the Constitution clearly states that “the Constitutional Court is made up of 12 members appointed by the King; four of them are proposed by Congress by a majority of three-fifths of its members; four are proposed by the Senate, with identical majority; two at the proposal of the Government, and two at the proposal of the General Council of the Judiciary”.
It is expected that in the next renewal of the body, the ideological overturn of the Constitutional Court will take place, which will have seven magistrates of progressive sensitivity and five of a conservative nature. In addition, the presidency will correspond to a magistrate related to the Executive.
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