Wednesday, December 1

Consensus for González Trevijano and Xiol to be president and vice president of the Constitutional Court

This Thursday, November 18, after the inauguration of the four new magistrates of the Constitutional Court (Enrique Arnaldo, Conception Espejel, Ramon Saez e Immaculate Montalbán), the acting president, Santiago Martínez Vares, currently the oldest magistrate, will convene the Plenary to elect, on Friday afternoon, new president and vice president. Magistrates Pedro González Trevijano, conservative, and Juan Antonio Xiol, progressive, whose terms expire in July 2022, will be appointed respectively to these positions, as EL PERIÓDICO, a newspaper corresponding to the same communication group as this medium, has learned, as a result of a broad consensus.

Although it seemed sung that the tandem González Trevijano-Xiol would be the chosen binomial, as he belonged to the group of magistrates in the last third of their mandate, he was also part of it Santiago Martínez-Vares, who could be a candidate to preside over the TC. But he declined to run for the presidency, within the conservative sector, with Gonzalez Trevijano and, in return, he seemed to aspire, according to judicial sources, to be vice president.

This outcome would have meant that the conservative sector had total and absolute control of the TC, when there is consensus that the majority sector (6 magistrates without having Alfredo Montoya, suffering from illness) remains with the presidency and the minority (5 magistrates), with the vice-presidency.

A vice presidency for Martínez-Vares It would have meant starting the new journey on the wrong foot. Each candidate is put to an independent vote. And, therefore, the conservative sector would have won by a difference vote taking both positions.

Enrique Arnaldo swears before the King his position as magistrate of the Constitutional Court.

On the contrary, now the candidates will be chosen, according to the sources consulted, by broad consensus. It is not possible to predict unanimity because it is unknown what will be the decision of the four new magistrates who join this Thursday. In the vote that took place in the plenary session of the TC on suitability, there was a magistrate who voted against the four new candidates.

The personal relationship between the disputed candidate Enrique Arnaldo and Gonzalez Trevijano is narrow. These sources indicate that the one who will be president for a short period of seven and a half months, until July 2022, tries to prevent the predictions that Arnaldo enters the TC as a straightforward man of the PP and that a phase is opened of iron hegemony of said party.

With the agreement to respect the tacit rule of appointing president Gonzalez Trevijano and vice president to Xiol, the first would begin his presidency with a gesture of pacification, given that it will be short. González Trevijano, on the other hand, will not retire immediately at the end of his term, and prefers, according to these sources, to leave the Constitutional Court in the best possible conditions.

On the table of the TC are pending very relevant issues such as the abortion law or the Celaá law of Education. “There will be eight or ten plenary sessions of the TC, until July 2022, in which important laws of the Government will be overthrown. But this does not mean that they will be blows by anecdotal issues that Vox and the PP have managed to impose in the last year as objective of each plenary session, “said a source.

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