barge 4 out of 12 magistrates of the Constitutional Court (TC) have been renewedWhich has tilted the balance towards the progressive majority.
The change of direction within the country’s most important judicial body means that the progressive wing will have no difficulty arguing and Dismiss appeals filed by PP and Vox During the legislature of Pedro Sánchez.
loss The coalition government fielded candidates Juan Carlos Campo, former Minister of Justice, and Laura Díaz, former Director General of the Ministry of the Presidency, while General Council of the Judiciary (CGPJ) They are César Tolosa, a magistrate of the Supreme Court, and María Luisa Segoviano, a retired magistrate of the same body.
4 have been endorsed in the government plenary, thus ending their renewal. Once unanimously elected, they will be sworn in before King Felipe VI. Tenure of 9 years.
In the face of blockade of judicial institutions and interference of legal processes in political decisions, the appointment of new members of TC is also the first step renew expired mandates and return to institutional normality within the framework established by the Constitution.
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with the new constitution they will be 7 progressive and 4 conservative judges those who have to argue appeals presented by laws like the Abortion Time Limitation Act, the Sela Act, the Euthanasia Act, but also Vote on labor reform in Congress and government tax on the rich.
Tension over the constitution has been at its peak for several weeks. upgrade though CGPJ has been the subject of a tug-of-war between the government and the oppositionThe decision by the Constitutional Court to accept the appeal of the PP and paralyze the processing in the Senate of judicial reform, it appears the straw that broke the camel’s back,
For the first time in its history, The Constitutional Court intervened before the appeal presented by PP Before the coalition government’s decision to introduce 2 amendments to the bill that repeals the crime of sedition and modifies the system for electing members of the Court of Guarantees. The formula chosen by the government to approve these measures Prevented MPs from debating amendments in Parliament.
Now that the Judiciary and the Government have chosen their candidates to renew the TC, Court composition gives progressives a majority (left side) to rule against appeals filed by the right wing parties.
Government tax on the wealthy, against appeals filed by Andalusia and Madrid
labor reformOne of the coalition government’s star measures was approved on the edge Thanks to the mistake of PP deputy.
one of the most important votes in the legislature will end with a decision of the Constitutional Court Prior to the appeal that the Popular Party, Vox and Alberto Casero himself (the PP deputy who voted in favor by mistake) had filed against Congress President Meritsel Batate.
Although Casero warned about the error made, Congressional lawyers concluded that the vote was valid and that there was no room to overrule the vote’s meaning, so the final word would now rest with the TC’s magistrates. more Favorable to reject PP’s appeal.
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On the other hand, Juanma Moreno, president of the Junta de Andalucia, and Isabel Ayuso, president of the Community of Madrid, ask preventive measures to prevent Taxes on the rich from the government and they will be able to present after the norms come into force during today in the BOE.
Both communities have been very critical of the so-called Solidarity Tax for Great Fortunes and its It is intended to combat the reduction of taxes being implemented by regional governments such as Madrid or Andalusia.
Although there is no date for consideration of the appeals filed for this legislation – they have yet to be introduced – overturning a progressive majority in the Constitutional Court. Sanchez’s government has nothing to fear That the decision in the face of appeals submitted by the opposition negatively affects the next general elections in 2023.