There will be no white smoke over the Constitutional Court (TC) before June 12. That day the mandate of four magistrates expires, but the PP completely rules out, today, reaching an agreement to renew them in a timely manner. This has been implied by the general secretary of the popular party, Cuca Gamarra, and sources from Genoa have later confirmed it. “The Sánchez government is too concerned about who is in the TC and quite little about the problems of the Spanish”, he criticized Gamarra at a press conference after the PP Steering Committee. “Who has limited the functions of the CGPJ so that it cannot renew the magistrates on June 12?” She asked herself. “The two government parties, with a law to limit the functions of the CGPJ, a law that the PP has appealed to the TC”, she has responded to herself.
“It is a situation that the Government itself has created. He changed the law through a proposal and is the only one responsible”, he has disfigured, before influencing that the PP is going to “focus on the Andalusian elections and on the problems of the Spaniards in their day to day, which are much more important than this”.
Later, Genoa sources have confirmed that there will be no agreement in any case: “The Government is guilty of not being able to renew the TC”, they have settled. In this way, the PP challenges the Minister of the Presidency, Félix Bolaños, to make a point-blank decision on the ordago that he launched last week. Bolaños assured that the Government will be able to appoint the two magistrates of the Constitutional Court that correspond to it without waiting for the CGPJ to renew itself and appoint the two of its own.
As this newspaper published last week, magistrates and former magistrates of the Constitutional Court assure that there is no clear support for the constitutionality of that position, which predicts that, if carried out, it would provoke an institutional conflict between the TC and the Executive. In addition, the court of guarantees would be in a very delicate internal situation, because the Plenary of the body has to give the placet to the new candidates.
The Constitution establishes that the members of the Constitutional “will be renewed by third parties every three [years]”. One of those third parties, which should be renewed as of June 12, is made up of two magistrates at the proposal of the Government and two at the request of the CGPJ. But the Government blocked by law the appointments of the Council when it is in office. And this prevents a complete renovation.
Can the government do that? “The government can,” Bolaños maintained last week in an interview on Onda Cero. Do you agree within the TC? «I agree… with what the Constitution says, which obviously is not that. The thing could not be more clear. The appointments go in a batch, it is not said ‘from time to time we appoint someone’. No, that is scheduled, “says one of the magistrates consulted.
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