Monday, November 28

Lesmes plans to resign if Sánchez and Feijóo do not renew the Judicial Power

The President of the Supreme Court, Carlos Lesmes, before King Felipe. / PHOTO: EFE | VIDEO: EP

It demands the President of the Government and the leader of the PP to get involved in the negotiation and announces decisions “that we neither want nor like” if the political blockade persists

The serious institutional crisis that the Judiciary is experiencing has been transferred to the solemn year of opening of the courts and tribunals, celebrated in the Supreme Court and which has been presided over by the King. With a General Council of the Judiciary (CGPJ) on the way to its fourth year of interim, an unprecedented event in the body’s 42 years of life, and the growing tension due to the renewal of the Constitutional Court, promoted by the PSOE through a counter-reform that marks a deadline (next Tuesday, September 13) for its fulfillment, the leading role has been taken by Carlos Lesmes’ speech.

The head of the government of the judges and the Supreme Court has demanded that the President of the Government, Pedro Sánchez, and the leader of the PP, Alberto Núñez Feijóo, who was present at the event, “meet urgently and reach an agreement that definitive solution to this untenable situation, and that the Council be renewed in the coming weeks’.

Otherwise, he has said in direct reference to the Executive, it is necessary to repeal the law that prevents appointments to the Council while they are in office and, ultimately, he has warned that if this demand is not met “it will be necessary to reflect on the adoption of decisions that we neither want nor like”, alluding to a possible individual resignation that leaves the institution headless.

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Lesmes has involved the King in his speech, first by demanding the urgent meeting of Sánchez and Feijóo and, secondly, to recall that the Spanish judges “hope that whoever represents him does not remain impassive in the face of the deterioration of his main institutions and the Entire Justice”.

Politicization of the election system

The president of the CGPJ has also criticized the erosion of the current election system for members, “a model that has been installed in a crisis that is difficult to overcome due to the permanent lack of understanding of the majority parties and the generalized perception of politicization”, has saying. However, he has advocated renewing the body with the current system and leaving for later a reform of the organic law where judges have direct jurisdiction over the nomination of their peers.

Regarding the different formulas to get out of the blockade, he has criticized those political and judicial currents that advocate the resignation en bloc of the members and the president, since it would be “irresponsible and unacceptable behavior from the perspective of citizens and the Judicial Career ». “Although individual resignation may be admissible”, he acknowledged, “collective resignation is not, since it would lead to the total paralysis of the Council with the legal and material impossibility of carrying out its constitutional mission”.

It has also been especially critical of the Government for the March 2021 reform that amputated the Council’s ability to make appointments. A measure designed to put pressure on the PP in the negotiation, but which has been unsuccessful and has ended up causing “an extreme situation” in the high courts, with 64 vacancies to be filled, 15 of them in the Supreme Court.

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