The constitutional Court (TC) has given the go-ahead this Thursday to the magistrates proposed by the Government and the General Council of the Judiciary (CGPJ) for the partial renewal of the guarantee body after examining whether they met the suitability requirements established by law.
As reported by the guarantee body, the Government Plenary has unanimously approved the candidacies of the magistrate of the National audience and former Minister of Justice Juan Carlos Field and the former director general of the Ministry of the Presidency Laura Diez –proposed by the Government–; as well as the magistrate of the Supreme Court (TS) Cesar Tolosa and the retired magistrate of the TS María Luisa Segoviano –by the CGPJ–.
The court has found that the four Meet the requirements established by law: Spanish citizens are career magistrates, prosecutors, lawyers, university professors or public officials, “all of them jurists of recognized competence with more than 15 years of professional practice or active in the respective function”.
The Government Plenary met this Thursday to begin the process to replace the four Constitutional magistrates who they saw expire his mandate on June 12.
The court has considered that the four meet the requirements established in the law
After receiving the go-ahead this Thursday, the new entrants will swear or promise the position before the King Felipe VI, who is responsible for appointing them, for a period of nine years. Concluded this formal act before the king, the candidates will already be able to take office in the TC.
The four magistrates appointed by the Government and the CGPJ will replace the president of the TC, Pedro Gonzalez-Trevijano; his vice president, Juan Antonio Xiol; and the magistrates Antonio Narvaez Y Santiago Martinez-Vareswhich make up the third that the Constitution entrusts to renew the Executive and the governing body of judges.
change of majorities
With the entry of these four candidates, change the board of majorities in the Constitutional Until now, the court included 6 magistrates from the conservative bloc and 5 from the progressive bloc.
The arrival of Segoviano, Campo and Díez will change this scenario and favor the progressive wing
In fact, last week the TC resolved an unprecedented vote with this formula –6 in favor and 5 against– to urgently paralyze the parliamentary process, already in the Senate, of the two amendments that modified the system of election and arrival of the two candidates to the TC appointed by the CGPJ, thus admitting the very precautionary measures requested by the PP in its appeal against said amendments.
The arrival of Segoviano, Campo and Díez will change this scenario and will favor the progressive wing, which will manage to gather 7 magistrates. The conservatives, for their part, will keep 4.
All this, waiting for the vacancy of the magistrate to be filled Alfredo Montoya, who left office in the summer for health reasons. The law stipulates that the position of this magistrate will be filled in the same way in which he was appointed and for the remaining time; that is, through Senate. Before his appointment, the chosen one must first appear before the corresponding commission of the legislative headquarters.
Election of the president of the TC
Once the four new Constitutional members take office, the new one will be elected to replace Gonzalez-Trevijano. It will be a secret vote that, in a first round, will require an absolute majority and, in the event that it is not reached, a second vote will be carried out, which will be resolved by simple majority.
The name of the president and the elected vice president will be submitted to the head of state for appointment for a period of three years.
If there is a tie, it will be voted again. If the situation repeats itself, it will be proposed for the position of president that of greater seniority in the TC; If there are two magistrates with the same seniority, it will be proposed the older one.
The name of the president and the elected vice-president shall be submitted to the head of state for their appointment for a period of three years. They can only be re-elected once.
Until now, the two names that have emerged to preside over the guarantee body are those of Candid Count-Pumpido Y Maria Luisa Balaguerboth from the progressive wing of the court.