As will be remembered these days, Organic law of 18 June 3/2014Mariano Rajoy forgot to establish the legal situation in which “the abdication of His Majesty King Juan Carlos I de Borbón became effective”, the legal situation in which he remained after the resignation of the former king, Mariano Rajoy soon confirmed. organic law, 11 July 4/2014“It is complementary to the Law on the rationalization of the public sector and other administrative reform measures, Organic Law 6/1985 of 1 July, The Judgment is used to implicitly and abruptly include the assessment “against the Queen consort or the Queen’s consort, the Princess or Prince of Asturias and her consort, as well as the King”. or the abdicating Queen and consort”.
If it were considered valid to use any suspense of law to settle a difficult issue such as the legal status of the Royal Family, the Constitutional Court would have added difficulties to justify its brazen decision to harass Parliament for almost the same official issue. . The fact is that the majority of the TC, which issues nonsensical orders, shows by their actions that one sector of the judiciary is not serving the citizen with humility, after two of its members refused to accept a challenge “by the book”. another eminent official, but to engage in politics and thus scratching the scraps of power. This conservative sector is promoted by interested parties who believe it exists. “Natural” ties between stinky conservatism and a company whose functions include maintaining order and suppressing excesses. Fortunately, there is another class of judges who do not fit this definition. and that they have contributed generously to the modernization of this country.
Having said that, it is clear that the deadlock of the reactionary judicial sector, fueled and encouraged by the last remnants of the PP, Vox and Ciudadanos, cannot allow a permanent blockade of judicial institutions to prevent them from adapting to political evolution. The country has always resisted giving up its hegemony in the PP judiciary, but this time it has gone too far and it would be too risky for the regime not to stop the deviation while it is still possible.
So the logical thing is for the government and its partners to convert the canceled reforms of TC and CGPJ into bill as soon as possible to ensure that TC periodically adapts to the country’s electoral mathematics, which will facilitate consolidation. making legal reforms in line with the general will of the ballot box.
The numantinism of the conservative section of the judiciary makes it unthinkable to submit to demands that “judges choose judges” for a very obvious reason: college bodies of judiciary and TC -that’s not exactly jurisdiction- they do not have to conform to the ideological spectrum of the judiciary but to the ideological range country as a whole. And this range evolves over time at a different rate from the other.
As a result, today there is no choice but to reform the LOPJ so that the twelve members of the CGPJ from the judiciary are appointed by the Congress and Senate by a three-fifths majority or individually from candidates proposed by the judiciary associations. If a series of ratifications… and appointments were not made within three months, they would be made by absolute majority.
This law, which can be enacted, emergency route through 2023, it would encourage regeneration, even if it did not please. Council of Europe (not to be confused with the Council of Europe) can be refined by the bona fide pursuit of a major political and judicial solution that would not otherwise be achieved. But the update of the judgment cannot wait any longer. Experience shows that the right in this country is not generous, so it is necessary not to seek some kind of magnanimity, but to move towards rigorous techniques of appreciated distribution of power and influence.