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Lismus’ succession, the next obstacle to the wounded CGPJ



Although there is no doubt that the resignation of the President of the Supreme Court and the General Council of the Judiciary, Carlos Lesmes, has cleared the way for the government and the People’s Party to resume negotiations to overturn the CGPJ ban, a scenario that emerged in the ruling. The rulers’ body will not be a bed of roses even if this “last attempt” to negotiate between Bolanos and Pons comes to fruition in a few weeks. If the report commissioned by Lismes a few weeks ago from a council attorney about his eventual replacement had already inflamed the spirits of the members to “impose” a president without relying on them, then yesterday’s formalization of his resignation before the king and accepted by the government was a poisoned candy. In that letter, in addition to expressing his desire to cease immediately the functions belonging to him, Liesmes records that “in view of the legal impossibility to proceed with the appointment of a new Chief Justice and the General Council of the Judiciary in accordance with Articles 570.2 and 570bis of the Judicial Basic Law, the mechanism for replacing the President will be activated. enshrined in law. These are exactly the principles that Lesmis was ordered to interpret in the controversial report that concluded that after his dismissal, the head of the oldest chamber of the Supreme Court, Francisco Marin Castan, had to take office, without the head-scratching that occurred after Carlos’s resignation Devar, when Member Fernando de Rosa took over the presidency of the CGPJ and Juan Antonio Schulle, president of the TS.The current situation is more complicated because in this case no vice-president could hold the position of Lismes until the renewal of the CGPJ: Angel Juanes was his deputy during the first years of the council’s term, but he retired Indeed and doubtful the question was whether, in his absence, a replacement for the CGPJ and the Supreme Court should be sought at the same time or, on the contrary, there should be two, one of the Supreme Court Oh and the other to the Supreme Court administrative body of judges. This second option is one that many council members have championed and who plan to fight for in the plenary next Thursday. Thus they will argue that the head of the body is the largest member of the CGPJ, Progressive Rafa Muzo. It was precisely the judges of this bloc—Alvaro Cuesta, Concepcion Saez, Pilar Sepúlveda, Enrique Lucas, Clara Martinez de Cariga, Roser Bach and Muzo himself—who made a point on the agenda for that plenary that referred to “the evaluation and, where appropriate, the decisions to be made.” Legally taken to the plenary session after the resignation of the Chairman of the General Council of the Judiciary These members understand that the discussion of a successor to Lissam is a decision that suits them, that the report that the President has assigned to him lacks any legal value and that the election of a successor to Lissim is not in itself a date, but a decision of Parliament that cannot At the center of the debate was the annoyance caused by a large number of members that Lesmese ignored them and submitted a matter that rested with the Council—its surrogate—to the knowledge of the Governing Chamber of the Supreme Court rather than the Governing Council of the Supreme Court. Its members, by the way, on Sunday resigned via the press. “Deep regret” which is that the Supreme Court justices’ support for Lismes since he threatened his resignation has been unconditional. Just yesterday they expressed their “deep regret and the regret of all Supreme Court justices for the unconditional situation preceded by the constitutional experience of Spain. “The failure of the House and the Senate for nearly four years of their obligation to appoint members of the General Council of the Judiciary (…) and the impossibility of the latter making discretionary appointments in the meantime, they not only take the Supreme Court to an extreme position, but also suppose, in addition to delegitimizing the General Council of the Judiciary itself, that they harm the image of the judiciary and seriously affect the constitution itself,” as stated in the agreement that urged an end to “this institutional catastrophe.” More information News Brussels does not say that Lismes’ resignation “confirms” the urgent need to renew CGPJ news. Expect that you can also see the status of negotiations on the renewal of the TC judges, a problem that Lessems wanted to solve and was unable to achieve due to a lack of support. The former Chief Justice was willing to offer his vote and Governor Winslow Olia also voted to the Eight Progressives if they obtained two more from the Conservative Bloc that would allow them to carry out the appointments by three-fifths, twelve votes. Now, as a result of the agreement between the government and the People’s Party, the renewal of the TC and the renewal of the CGPJ itself can be processed at the same time.

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