The Official State Gazette (BOE) has published this Thursday the express reform to allow the General Council of the Judiciary (CGPJ) to appoint two new judges of the Constitutional Courtand that will enter into force this Friday.
The reform promoted by the socialist group and with the support of its government partners intends to circumvent the impediment to the CGPJ to be able to make appointments while it is in officea situation that continues for more than three years.
The conservative members of the CGPJ have questioned the initiative for finding it “contradictory and incoherent”, since they consider: “A Constitutional body is the Court of Guarantees as are the Courts and Tribunals, served by judges and magistrates who are members of the Judiciary”, for whom the limitation to make appointments persists.
Organic Law 8/2022, of July 27, modifying articles 570 bis and 599 of Organic Law 6/1985, of July 1, on the Judiciary, which comes into force this Friday, It consists of a preamble and a single article referring exclusively to the appointment of the two magistrates of the Constitutional Court.
The conflict began on June 12, date on which the mandate of four judges of the TC expiredtwo of whom were appointed by the Government and another two by the CGPJ, which until the application of the new law could not do so because they were in office.
The PSOE initially intended to appoint its two magistrates and have them take office, but the court did not allow it because they had to do the renewals by thirds.
With the purpose of avoid a crisis between the Government and the Constitutionalthe Executive has chosen to amend itself a bill and thus circumvent the blockade of the CGPJ so that it can make the appointments and ensure the progressive majority in the Constitutional.
To ensure that the Council abides by the law and makes the appointments of the two magistrates, the PSOE added an amendment to set a deadline: September 13three months after the mandate of the four judges who left their positions expired.