The express reform of the PSOE to unlock the renewal of the TC passes its first step in Congress

The Plenary will approve it this Thursday in one fell swoop and will send it to the Senate so that it enters into force this month


The Plenary of Congress has accepted this Wednesday to process the express reform promoted by the PSOE to unlock the renewal of the Constitutional Court (TC) by returning to the General Council of the Judiciary (CGPJ), even if it is in office, its ability to appoint its two candidates to the guarantee court.

The Socialists have carried out both the consideration of their bill and the processing in a single reading. Thus, the Plenary will approve it this Thursday in one fell swoop –without going through a presentation or commission– and will send it to the Senate, with the intention that it be definitively approved next week.

The taking into consideration has prospered with seven votes more than the 176 in which the absolute majority is set and which are the minimum necessary for its approval, as it is an organic law. In addition to the PSOE and United We Can, the ERC, PNV and Bildu have supported it and the Popular Party, Vox and Ciudadanos (Cs) have opposed it.

In their speeches, the PSOE has called on the PP to leave “populism” and agree to renew the mandate of the CGPJ, which has expired for more than three years, while the ‘popular’ have cataloged the proposed reform law “unconstitutional” and “à la carte”, while Vox and Cs have criticized the two main parties that their ultimate goal is to agree to manage the judges.

The socialist deputy Francisco Aranda has blamed the PP for the “boycott” to unblock the pending renewals, an “alarming constitutional negligence” with which Alberto Núñez Feijóo’s party — he has assured — “attacks the institutional foundations.”

“We are facing the undisguised desire of the PP to disregard its obligations when they touch it,” Aranda has proclaimed, lamenting that they change their position “whether or not they are on the blue bench”, the one occupied by the Government. “When the right loses” the Executive Branch, “progress recedes in the Judiciary,” he has proclaimed.

For the parliamentarian of the PSOE, the question that must be asked before the “excuses” of the PP is whether it benefits or harms the interim of the governing body of the judges. According to Aranda, the ‘popular’ insist with their ‘no’ because this situation favors them.

On whether this reform contradicts the previous one, presented last year by the Socialists and which took away from the CGPJ the power to make appointments while it continued in office, Aranda has affirmed that the PSOE “sinned in kindness” by trusting in the “loyalty” of the PP, whom he has asked to “reconsider” and “return to the sense of State”.


From the ranks of the PP, the deputy Carlos Rojas has given back the gauntlet to the PSOE, which he has urged to back down on its bill, withdraw it and open up to negotiating with them: “We are still willing if the Government offers willingness to agree”.

Rojas has accused the “unstable and aimless” government of bringing down the “architecture” of Justice with this initiative, “certainly unconstitutional.” Drawing a comparison with Greek mythology, the deputy said that Pedro Sánchez’s Executive, “like Penelope, weaves and unweaves to make democracy weaker, shaking the institutions over and over again.”

From his point of view, this reform is “à la carte” and has been done “through the back door”. Next, he has reproached the PSOE that this type of legal change requires, in his opinion, to first have the opinion of the affected body, in this case the CGPJ.

Both the PSOE and the PP have tried to endorse the notice launched today by the European Commission, for whom it is a “priority” that Spain unblock the renewal of the CGPJ, while demanding that “immediately after” the reform be started that allows the The following appointments of this judicial governing body are made by the judges themselves, in line with European standards.


For his part, Javier Ortega Smith, from Vox, has expressed that he considers the “reform of the reform” promoted alone by the Socialists to be an “obvious threat” to judicial independence. After that, the deputy has charged both against PP and PSOE for wanting to appoint “puppet” judges who “can handle.”

According to Ortega Smith, “PP and PSOE do not claim in any way, even if they talk a lot, that there is an independent justice, because they do not believe in the division of powers or in judges and magistrates who act in accordance with the law”, without guardianship of no one.

Edmundo Bal, from Ciudadanos, has described the bill as “trickster” for seeking its approval quickly in the last plenary session and coinciding with the Debate on the State of the Nation. He has argued that the PSOE intends to control the TC and has made them ugly by creating owners of the State at the hands of their “pals” from the PP.


Among the supports for taking it into consideration, Podemos deputy Martina Velarde has considered the reform necessary to counteract the “kidnapping” of the CGPJ by the Popular Party.

From the coalition partner they believe that the Government has the task of “liberating” the blocked bodies and modifying the law so that a large majority is not essential when it comes to unblocking these situations. “They want to maintain a majority of judges appointed by the PP at all costs and this is a frontal attack on the rule of law and democracy, a democratic fraud”, he stated.

For his part, Mikel Legarda, from the PNV, has accused the ‘popular’ of “instrumentalizing” justice for their “own benefit”, while from the left, Joan Baldoví, from Compromís, has not liked here the “rush ” of the PSOE, “a bit sloppy”.

Related articles