Llop hopes that the blockade on the Judiciary will not continue and trusts that talks with the Popular Party will be resumed.
The Minister of Justice, Pilar Llop, has indicated this Monday that she sees “quite viable” the possibility that the Government appoints the two magistrates of the Constitutional Court (TC) that corresponds to it by quota even if the General Council of the Judicial Power is not renewed (CGPJ) because they have to comply with the Spanish Constitution.
This has been transferred in an interview on Radiocable, collected by Europa Press, when asked about whether the Executive is going to proceed with the renewal of the two magistrates that correspond to it after this June 12 the mandate of the president of the TC, Pedro González-Trevijano, Vice President Juan Antonio Xiol and Judges Antonio Narváez and Santiago Martínez-Vares with the uncertainty about when and how they will be replaced.
“We have to study all the possibilities and scenarios because we have to comply with the Constitution, which is to renew the constitutional bodies on time,” the minister pointed out.
However, Llop hopes that the blockade on the Judiciary will not continue and trusts that talks with the Popular Party will be resumed for renewal. The Constitution dictates that this third of the TC judges must be renewed by the Government and the CGPJ, proposing two candidates each, but the lack of agreement between the PSOE and the PP to agree on a new CGPJ has meant that the current one cannot name their own, which which casts doubt on whether Moncloa can act alone.
The head of Justice has explained that there is a doctrine of the TC that supports the possibility that when one of the bodies that has to renew by thirds, in this case it was a sentence relative to when the turn corresponded to the Congress of Deputies and the Senate, “Because of a blockage that could exist in the making of agreements, it could not be renewed, the possibility of either of the two could make that great agreement without having to wait for another.”
However, Llop has assured that the PP “has the key to the renewal” of the CGPJ and has asked it to comply with the Constitution. “I should have done it three years ago,” he added.
In this sense, he has responded to the leader of the ‘popular’, Alberto Núñez Feijóo, that people are also concerned about the renewal of the election bodies on Thursdays because “it directly affects” their lives. “They have to appoint the magistrates of the Supreme Court who make jurisprudence on very everyday issues such as theft, crimes against sexual freedom or labor issues,” the minister specified.
In another key, the Minister of Justice has emphasized that the TC is a “body of a purely political nature because it is appointed by Congress, the Senate, the Government and the CGPJ, which in turn is appointed by Congress and the Senate” . She has also pointed out that it is of a political nature because it applies a “political instrument and interprets a legal instrument, but also a political one, which is the EC.”
Thus, he has asked that the TC be differentiated from the Judiciary. About this, he has commented that he has to be “impregnated with that pluralism and diversity” and has taken the opportunity to mention the scholarships that the Ministry has launched to give access to the judicial career. “We are working in the area of democratizing access to justice,” he added.
Llop has assured that he is confident that “when the law is applied, it is distanced from all kinds of ideology, but it is true that most judicial associations are conservative in nature.” “That is so and we see it from the political proposals that the judicial associations make and they reach me at the Ministry”, he has settled.
