Eight Voices From The Judiciary Have Asked The Plenary To Discuss Whether The New Appointment Has Been Postponed

2021-02-23   |   by CusiGO

The debate on whether the General Council of the Ministry of Justice (cgpj) should continue the discretionary appointment scheduled for Thursday’s plenary session broke the internal boundaries of the judge management body on Monday. The chairman, Carlos lesmus, excluded in principle the voting on the eight seats already ready for allocation from the agenda of the plenary meeting, but eight speakers requested in writing that these appointments be included in the agenda, It will force the Council to include it, because the rules of procedure of the body provide for this, and the eight vowels believe that it must be the plenary, not Remus, who decides whether or not to discuss the appointment.

The agenda of the plenary meeting is the president’s terms of reference, but in recent days, after the negotiations between PSOE and PP on the re-election of the Council, the internal debate on whether to stop the planned appointment has begun. A group of vowels from the Conservatives and progressives argued that they should be consistent with the decisions of January and July 2020, when they were paralyzed by the possibility of reaching an agreement to appoint a new committee, which is obviously closer than it is now.

However, some speakers were in favour of putting those nominations on the agenda, and should Thursday’s negotiations between the two parties yield results or progress, they should be put on the agenda immediately at the beginning of the plenary session. So, based on these vowels, they are fighting for time in case political negotiations fail again. But the president finally chose to exclude them. Security Council sources pointed out that there are both “consensus” issues and internal differences in this decision, and it is impossible to reach consensus if any seat is chosen to be put to a vote.

After hearing lesmes’s decision, eight vowels (five conservatives, two progressives and the vowels proposed by PNV) submitted a letter asking him to continue the appointments already on the table, including the three posts of Supreme Court judges. Vowels are proposed in accordance with rule 18.5 of the rules of procedure for the organization and operation of the Council, which recognizes the right of members of the Council to “make written proposals and put them on the agenda of council meetings”. In other words, if there is a formal request for an item to be included in the agenda of the plenary, the president is obliged to accept it, the agency source said.

The eight vowels calling for discussion are Vicente girat, Jose Antonio ballestro, Jose Maria marcias, Maria Angel Carmona and Gerardo Martinez Tristan (nominated by the people’s party), rose Bach and Victoria Sinto (nominated by PSOE) and Enrique Lucas (nominated by PNV). One of the originators of the letter said that his intention was not to put the nomination to a vote at all costs, but to let the plenary decide whether or not to debate it, rather than the plenary, which argued that it had been done in the context of the previous two decisions to stop the nomination. In addition, some written signers defended the choice, which also bought time for negotiations between PSOE and PP until Thursday.

As requested by these vowels, the debate on nominations will be included as an addendum to the agenda, as explained by the agency’s sources. In principle, it will be proposed that eight seats be put to the vote, including three posts of Supreme Court judges (two in chamber 1, civil judges and one in chamber 4, social judges). The appointment of Supreme Court judges is seen as a key position, as the elected judges have been in this position until their retirement, which led the government to propose last fall that the vacancy in the Supreme Court should continue to be filled by the Council, but this was ignored. In addition to these three top positions, the council intends to put to a vote the terms of office of the president of the high court of the Canary Islands and Basque region, the president of the Basque regional social chamber and the president of the courts of Almeria and Salamanca provinces.

There are indeed five military jurisdiction appointments on the agenda (two in Seville, two in Madrid and one in Las Palmas grand Canary), but the agency’s sources argue that these are single candidate positions that do not require parking. The report was also included in the first draft of the comprehensive law on the protection of sexual freedom drafted by three members and will be put to a vote.