MADRID, 8 Nov. (EUROPA PRESS) –
The Constitutional Court (TC) will decide in its plenary session on the 15th whether to admit for processing the appeal presented by the PP against the counter-reform of the Organic Law of the Judiciary (LOPJ) approved last July to return to the General Council of Power Judicial (CGPJ) its power to make appointments in the judicial leadership but only so that it can designate its two candidates to the Constitutional Court (TC).
As reported by the court of guarantees, the vice president of the TC, Juan Antonio Xiol, will be in charge of writing the paper on the appeal formulated by ‘popular’ deputies against Organic Law 8/2022, of July 27, modifying the Articles 570 bis and 599 of Organic Law 6/1985, of July 1, on the Judiciary.
The TC still has to resolve other appeals filed by PP and Vox against the first reform of the LOPJ, the one approved in March 2021 to prohibit an expired CGPJ –like the current one– from making discretionary appointments in the high courts, a limitation that has brought several rooms of the Supreme Court (TS) to the brink of collapse due to the impossibility of filling the vacancies that have arisen since then.
The presentations of these first resources have fallen on Xiol and the magistrate María Luisa Balaguer. TC sources point out that both have advanced their work, but that the latest reform of the LOPJ imposes “a time for examination and reflection.”
The same sources explain that, if the appeals against the first reform have not yet been resolved, it is because the TC –in accordance with its “inveterate practice” over these 40 years– chose not to interfere in the political negotiations between PSOE and PP to renew the CGPJ.
