Thursday, January 20

The Constitutional Court wants to resolve all the resources of the ‘procés’ for Christmas before the renewal

The Constitutional Court wants to put an end to its responsibility in relation to the ‘procés’ sentence for Christmas, before their magistrates are renewed, to avoid that the replacement of a third of its members entails a delay in the resolution of the four resources that still have pending because they should be given some time to study them, sources from the high court told EL PERIÓDICO, a newspaper belonging to the same communication group as this medium.

Although the renewal of a third of its members does not depend on the court, but in this case on the Cortes, in view of the distance shown by the main parliamentary groups, at least in public, it does not seem that there will be an imminent agreement, which leaves margin for the court to fulfill its latest forecast and resolve in its next plenary sessions until Christmas the resources of Dolors Bassa, Carme Forcadell, Joaquim Forn and Oriol Junqueras, that from the beginning was left until the end, as it was the most extensive and complicated to solve.

The first estimate of the Constitutional was to have them resolved by last summer, but that option was ruled out with the challenges of the two magistrates most involved in their resolution: Cándido Conde-Pumpido and Antonio Narváez, who captained the team of lawyers dedicated exclusively to the affairs of 1-O. The first sentence was in February and endorsed that of the Supreme Court by rejecting the appeal of Meritxell Borràs. In the same vein were that of Carles Mundó and those of Jordi Sànchez and Jordi Cuixart.

Make up the delay

The magistrates who should have been renovated in November 2019 they are the president of the court, Juan Jose Gonzalez Rivas, your vice president, Encarnacion Roca, and the magistrate Andres Ollero. In that third there was also Fernando Valdés, who had to leave the court when the oral trial was opened for sexist violence and has not yet been replaced. The four reached the Constitutional Court in 2012, but their mandate expired before reaching the nine years established by the Magna Carta, because their appointment was delayed and the court’s regulatory law provides for deducting the delay time from the following. In the end they met them in July.

It remains to be seen how the European justice treats that several magistrates have the mandate ‘expired’


Although no responsibility is attributable to the court for the delay in the renewal of the judicial bodies, it remains to be seen how is european justice taken, to which the convicts of the ‘procés’ are going as the Constitutional Court resolves their appeals, that three of the 12 magistrates who have resolved them had exceeded the time that the Constitution provides for their permanence.

Collateral damage

In addition, the sources consulted indicate that the lack of renewal in the court causes other collateral effects. In the Constitutional there is the unwritten custom that the president and vice president are appointed from among the magistrates who are in their last three years in office, so the lack of renewal of those whose mandate has expired prevents those from the next third from reaching the top of the institution.

The appointments that correspond to the Government cannot be made without those of the CGPJ, which needs to have been renewed


Son Pedro González-Trevijano, Santiago Martínez-Vares, Juan Antonio Xiol and Antonio Narváez. In June, the four of them will be at the TC for nine years. Two were appointed by the Government and two by the General Council of the Judiciary. The renewal of the Executive is not usually delayed, because it does not depend more than on him, but in this case there are those who argue that it would be unconstitutional for it to do it alone, when the CGPJ has not been renewed and is prohibited by law from making appointments while it is in office. functions.

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