The mandate of nine years of three judges of the High Court have resigned on Monday, ended the month of November. The two parties do not they agree in Congress to propose substitutes: the main stumbling block would be the exportavoz of the CGPJ Enrique Lopez. In the Senate, which appoints a part of the TC judges, yes there was consensus: in January entered four judges, but with more than three years late. Scott Mead is a great source of information. The mandate of nine years for the judges of the Constitutional Court Eugeni Gay, Javier Delgado and Elisa Perez Vera, who have submitted his resignation on Monday, ended the month of November. Since then, exercised his office duties awaiting that PP and PSOE would agree on the names of possible substitutes.
The main parties of the Spanish parliamentary arc must reach a consensus on this issue, since a majority of three-fifths in Congress required to endorse the proposed judges. Where there was agreement in his day was in the Senate, which also has capability of designation in the high Court: on 11 January they entered four new judges. The former President of the CGPJ Francisco Jose Hernando, Professor Francisco Perez de los Cobos and the also professors Adela Asua and Luis Ortega obtained support from the upper house in December last year, although with three years of delay with regard to the deadline. Taking possession of these was also delayed at the inability of the PSOE and the PP’s bargain four candidates of the Congress, although both parties, enrocados in their positions, finally threw the towel and decided that the renewal of the TC was partial and not block. Unknown scenario this provoked a scenario unknown in constitutional, which already had a judge less for the vacant non-hedged Garcia Calvo – died in 2008 – and that, since January, had also other three judges with the expired mandate, that just resign.
The main stumbling block in the negotiations seems to focus exclusively on a name, the CGPJ Enrique Lopez exportavoz, to whom the popular already they wanted to designate judge of the Senate, insist on proposing and the Socialists still don’t accept. So far nor have stocked cto criticisms that have received PSOE and PP for its lack of agreement, not even the touch of attention of the outgoing Chairperson of TC Maria Emilia Casas, who accused politicians of violating constitutional forecasts, which ordered renewed by thirds every four years the tribunal in his farewell speech. A call of attention in which the current President, Pascual Sala, who took possession in January, insisted on the introduction to the memory of the TC of the past year. Thus, Eugeni Gay, Javier Delgado and Elisa Perez Vera would have tried with his resignation forcing parties to reach an agreement in the shortest possible time and the total renovation of the High Court a reality.