The Constitutional asks that its renewal be done “in a timely manner” and that the law be complied with “in its entirety”

The Constitutional Court has taken advantage of the visit of the European Commissioner for Values ​​and Transparency, Vera Jourová, to rule on the need for an agreement to be reached between the Government and the PP for its renewal shortly. In a statement made public at the end of Jourová’s interview with the president of the court, Pedro González Trevijano, and with the vice-president, Juan Antonio Xiol, the court of guarantees stresses that both have agreed with the European commissioner that in the process of change of four magistrates, the Constitution must be complied with “in its entirety”, an expression that alludes to the fact that the legal provision is that the Constitutional Court be renewed every three years by thirds.

The court of guarantees ended its mandate with the current composition on the 12th, so both the president and the vice president, and the magistrates Antonio Narváez and Santiago Martínez Vares must leave their position in this renewal process. The statement released after the visit of the European commissioner – who is also vice president of the Commission – states that Trevijano, Xiol and Jourová agreed that “all constitutional bodies, including the General Council of the Judiciary and the Constitutional Court must be renewed in weather”. She also urges “political operators to fully comply with and enforce the Constitution and the law, in order to fulfill their constitutional duty in the shortest possible time.”

With the allusion to compliance with the Constitution and the law in its entirety, the court expresses its desire to prevent the pending changes in the guarantee body from leading to a legal conflict over the feasibility of a partial renewal of the institution. This possibility exists, to the extent that the Government itself considers that it is appropriate to appoint the two magistrates that correspond to it, without waiting for an agreement with the PP to allow the appointment of two other magistrates by the General Council of the Judiciary. .

The possibility that a partial renewal of the court could be launched has generated concern and a strong internal debate in the Constitutional Court, whose plenary session has to give the placet to the new magistrates. In recent days, this concern has subsided after the demonstrations by the PP Deputy Secretary General, Esteban González Pons, who has announced a proposal from the PP to the PSOE for next month to renew the governing body of the judges, since with This has raised expectations that an agreement can be reached to unblock the renewal of these institutions.

Trevijano and Xiol explained to the European Commissioner, on the other hand, the need to ensure a “uniform application” of the Charter of Fundamental Rights of the European Union by “all” the EU Member States. Judges and experts in constitutional law have already expressed these types of concerns to the president of the EU Court of Justice (CJEU), Koen Lenaerts, during his visit to Madrid last May.

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The president of the CJEU already said then that he understood the importance of the pending decision in this institution on the European orders of the Spanish Supreme Court related to the former members of the Catalan Government claimed by Judge Llarena. Lenaerts explained that the sentence will probably be delivered before the end of the year.

Lenaerts himself declared then that the States could not have different opinions on the law of the Union, at the same time that he stated his conviction that it is necessary to obtain a harmonious judicial system among the European partners. Trevijano advocated promoting “dialogue between jurisdictions” to achieve a consistent interpretation of national and community laws. A path —he said— in which it is important to “avoid contradictory decisions”.

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