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The CGPJ requests a report on the reform of Pedro Snchez that limits his functions before deciding whether to resort to the Constitution


Several members consider it necessary to present a conflict of powers to the Constitutional Court. The only time that the Council proposed something similar was with the 1985 reform

The president of the Supreme Court and the CGPJ, Carlos Lesmes, last September in Barcelona.
Andreu Dalmau POOL

  • Justice.

    Three judicial associations urge the CGPJ not to resign and react to the reform that limits its functions

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    The lie of the Salesas.

    The CGPJ resigns to make more appointments due to the imminent limitation of its functions

The president of the General Council of the Judiciary (CGPJ), Charles Lesmes, agreed yesterday to request a report from Technical Cabinet of the organ to analyze the scope of the reform of the Government of Pedro Snchez, promoted by the parliamentary groups of PSOE and Podemos, which limits their functions. This Council move comes after the Senate approved this week the modification of the Organic Law of the Judiciary (LOPJ) that prevents the governing body of judges from carrying out

Discretionary appointments while in office, that is, with the mandate extended. In the CGPJ they want to know if it is appropriate to raise in this case a conflict of attributions before the

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constitutional Court

as was done in 1985 when the system of election of the vowels was changed, death of

Montesquieu

through. According to legal sources to EL MUNDO, Lesmes adopted this decision in the plenary session that took place yesterday at the request of several members. Was the counselor

Rafael Fernndez Valverde

who exposed in the plenary meeting the need for the CGPJ to have a legal report that would analyze the exact terms in which the powers of the body are reduced. Among the members there is doubt, for example, whether it is possible to continue calling for positions despite the fact that appointments cannot be made. Between now and the end of the year, 64 appointments must be made by the Judicial Power, which have now remained in the air pending a political agreement between the Government and the

PP

to renew the institution. With the basic idea of ​​studying whether it is pertinent to go to the Constitutional Court due to invasion of powers, Lesmes decided to advance the Plenary Session of the next month of April to the 22nd (in principle it should be held on the 28th) because the

Organic Law of the Constitutional Court

(LOTC) gives one month to the body that wants to raise the conflict of attribution to make it known to the other affected constitutional body, that is, in this case the Cortes Generales. On the other hand, article 73 of the LOTC states that if the body to which the notification is directed affirms that it acts in the constitutional and legal exercise of its attributions or, within a period of one month from the receipt of the notification, it did not rectify In the sense that it would have been requested, the body that considers its powers to be unduly assumed, raise the conflict before the Constitutional Court within the following month. With these deadlines, the president yesterday wanted to be cured in health and advance the ordinary plenary session of April in the event that the prior requirement must be addressed to the Congress and Senate before properly raising the conflict of powers before the TC. Legal sources emphasize that it is an embryonic idea that must be considered in depth but they do not rule out that the Council decides to finally go to the guarantee court. There is only one precedent in history in which the CGPJ has raised a conflict of powers before the TC. It was in 1985 when the Council that presides

Federico Carlos Sainz de Robles

considered that the

Congress

It had invalidated its functions by modifying the system of election of the members with the approval of a new project of the LOPJ. On that occasion, the Constitutional Court dismissed the conflict of jurisdiction raised by the CGPJ. On the other hand, three of the four judicial associations yesterday urged the governing body of the judges to

not resign

before the entry into force of the controversial reform. We urge the CGPJ to, as soon as possible, adopt the appropriate measures and exercise the actions within its reach in defense of its competences and, therefore, in defense of the

Constitution

, collects the joint communiqué of the

Professional Association of the Magistracy

, the

Francisco de Vitoria Judicial Association

and the

Independent Judicial Forum

. What is intended has already been achieved: reducing the CGPJ to a simple management body, assimilated to a simple general direction, they denounced.

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