The Government, determined to renew the CGPJ and the TC: these are the possible scenarios

The decision of the Constitutional Court to prevent the vote that was going to take place this Thursday in the Senate to reform the election system for the members of the guarantee court has led the Government to make a decision. The President of the Executive, Pedro Sánchez, has advanced that they are going to unblock both the TC and the General Council of the Judiciary to end the blockade suffered by both bodies.

Also, the majority of parliamentary groups of the so-called investiture block in Congress are in favor of reforming the system of election of the Constitutional and CGPJ after the open institutional crisis and the interference, at the request of the PP, of the former in the Legislative Power.

In fact, the United We Can group has advanced its intention to hold a meeting with the rest of the groups to discuss the formula; Y patxi lopezspokesman for the PSOE in the Lower House, has revealed that he has spoken with the spokesman for UP, Pablo Echenique, during the Board of Spokespersons held this Tuesday.

The unblocking of the TC and the General Council of the Judiciary can only happen, in principle, through the renewal of their members. At present, any agreement to elect its members necessarily goes through get the support of the PPsince the law requires a reinforced majority of three fifths to undertake this renewal.

Therefore, in principle the only way to be able to carry this out is to lower the majorities required by law or try to circumvent the veto of the TC to the Senate. In this sense, there are several proposals that are already registered by different groups that point to possible scenarios to overcome the situation.

The last one is the one that registered More Country on Monday at the last minute in Congress with the aim of circumventing the veto that the Constitutional has imposed on the Senate by admitting the very precautionary measures requested by the Popular Party. The norm of those of Íñigo Errejón basically reproduces the text registered last week by the PSOE and United We Can.

Reduce majorities or circumvent the veto of the Senate

The bill states that the two magistrates of the Constitutional Court appointed at the proposal of the Government They don’t have to be chosen at the same time. than the two corresponding to the General Council of the Judiciary, if the latter delays its decision. The objective of this reform (registered by PSOE and Unidas Podemos at the beginning) was to circumvent the blockade of the conservative members of the CGPJ.

The Más País initiative also removes the obligation for the Constitutional Court to verify in a session the suitability of the magistrates appointed at the proposal of the Government; it will be the Executive and the designated person who will have to witness it, the text collects.

There is another way that has to do directly with the reduction of the majorities necessary to elect the members of the government of the judges. In 2020 the PSOE and Unidas Podemos registered a proposal in Congress to try to unblock the constitutional bodies.

Currently, the law establishes that all members of the General Council of the Judiciary are appointed by the Cortes: ten by the Congress of Deputies and another ten by the Senate. Both Houses have to gather a reinforced majority (three-fifths) to be able to undertake this renovation, a situation that requires that, at least, the votes be supported by the PSOE and the PP.

The proposal registered by the Socialists and Unidas Podemos in 2020 established that the members of the CGPJ could be elected by a absolute majority in both Congress and the Senate. First, a vote would take place in which three-fifths would be necessary; but if it does not prosper and these votes are not obtained, an absolute majority (176 deputies in the case of the Lower House) would be enough to end the blockade of the conservatives.

When it was registered, the European institutions expressed their concern that reducing the numbers needed to renew constitutional bodies could reduce the democratic guarantees of the process; and after the warning from the EU, the PSOE put the reform in a drawer. However, in United We Can remember that Brussels has also shown its concern on several occasions about the blockade (already four years old) to which these organs are subjected.

This Tuesday, when asked about the possibility of rescuing this proposal, the PSOE spokesman in Congress, unlike on other occasions, did not reject it outright, and assured that they are “studying” all the formulas.

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