2023-09-08 22:26:54
The Constitutional Court comes from living one of its most turbulent times in its more than 40 years of history. The crisis due to the partial renewal of the organization fractured in half a plenary session that will have a progressive majority, at least, for more than five years and that has decisions ahead that cross its paths with those of politics. The trans law, the reform of the only yes is yes, the modifications of the Council of the Judiciary or the demolition of Valdecañas These are some of the points marked in red on the calendar of a deeply divided plenary session.
The right maneuvers in the Constitutional Court to complicate Sánchez’s investiture
Further
The mandate of the previous president, Pedro González-Trevijano, ended in January of this year with one of the most tense moments in a history already plagued by relevant and controversial episodes: the conservative and then majority sector of the Constitutional Court, in an unprecedented way , paralyzed a law in Parliament at the request of the Popular Party. A reform that, in addition, directly affected the court itself and several of its members by trying to unblock the renewal of a part of the Constitutional Court.
This course begins with a different plenary session, with a progressive majority and equally divided on matters of public importance, such as the admission for processing of appeals such as that of Carles Puigdemont against his prosecution or that of the PSOE requesting the review of 30,000 votes in Madrid. The difference in criteria between progressives and conservatives is evident although, for the moment, it has not had the consequences that a few months ago led the guarantee court to interfere in real time with the activity of Congress and the Senate.
The Constitutional calendar for the coming months includes some of the most important resources and political milestones of the last legislature. Vox, after the setback of the last general elections, has been left without the political asset of presenting appeals to the peso against all types of regulations and initiatives, but the four dozen challenges presented in the last legislature are still pending sentencing along with the presented by the Popular Party.
Among them is the vote on the labor reform, aspects of the minimum vital income, the Rider law on the abuse of the self-employed on delivery platforms and the Rhodes law for child protection, the reform of the abortion law, the law trans, the Zerolo law, the processing of the European funds decree, the democratic memory law, the tax on large fortunes or the housing law. With them the reform of the only yes is yes, both the legal text itself and specific cases such as that of Arandina.
Other reforms will also be on the Constitutional roadmap that the new president, Cándido Conde-Pumpido, decided to accelerate after several mandates with issues such as abortion gathering dust in the drawers of Domenico Scarlatti Street in Madrid. The multiple reforms that have modified the capacity of the expired Council of the Judiciary to make appointments, the reform of the crimes of sedition and embezzlement and specific cases such as the ERE of Andalusia, the conviction of Alberto Rodríguez or the multiple appeals on the cause of the process independence.
Recusal war
The arrival of a progressive majority and presidency to the Constitutional Court for the first time in a decade has resulted in an instant discrediting by the right of the figure of Cándido Conde-Pumpido, former judge of the Supreme Court and attorney general of the State during the two legislatures of the PSOE and José Luis Rodríguez Zapatero. The Constitutional Court, said Elías Bendodo (PP) after its last renewal, is now an institution “weakened by the effects of sanchismo.”
The questioning extends to the two latest additions to the progressive sector of the plenary session: Juan Carlos Campo and Laura Díez. The first, magistrate and Minister of Justice in the executive of Pedro Sánchez until 2021. The second, professor and senior official of Moncloa until 2022. The two have been subject to various challenges, the last one by the PP so that they do not intervene in the debate on the revision of 30,000 key votes for the PSOE and a possible investiture of Pedro Sánchez.
They themselves have already walked away from several deliberations. Among others, from the resources on the vote on the labor reform, the law of only yes means yes or the rule that regulates the presence of 25% of Spanish in Catalan classrooms. The presence of Cándido Conde-Pumpido in plenary sessions on matters related to the independence process is compromised because he himself has distanced himself from these matters in the past. He will not be, for example, in the debates on Puigdemont’s last resort rejected by a room with a conservative majority.
In the last year, the plenary session has made it clear that those that will not succeed will be the challenges raised against the conservatives Enrique Arnaldo and Concepción Espejel for having been proposed by the Popular Party.
the first deliberations
The first plenary session of the course is scheduled for next week. A plenary session in which the Constitutional Court will study, for example, whether Carles Puigdemont’s last appeal should be admitted for processing as requested by the Prosecutor’s Office. They will also issue a final ruling on the case of Teresa Rodríguez and her expulsion from the Adelante Andalucía parliamentary group in 2020 in the Andalusian assembly and will predictably reject the PP’s appeal against the euthanasia law after the one presented by Vox suffered that fate ago. a few months.
It will also begin to analyze another appeal from the PP, this one against the Catalan housing law of 2022 and its regulation of social rents, and the one that Vox presented against the royal decree that in 2021 imposed urgent measures to reduce temporary employment in the public sector.
It is expected that matters of greatest public relevance will accumulate more frequently on the agenda than in previous mandates, with cases that have been waiting for a decade to be deliberated. In the first six months of Conde-Pumpido’s presidency, according to the Constitutional Court’s own accounts, 85 sentences were handed down and the five oldest appeals on record were resolved: the abortion law of 2010, the appointment of the RTVE Council of 2018, the broadcasting rights of football matches, the validity of the oath or promise formulas of the Constitution in Congress and one on the investigation commissions in the General Board of the Principality of Asturias.
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