Wed. Sep 28th, 2022

Madrid (EFE).- The President of the General Council of the Judiciary and the Supreme Court, Carlos Lesmes, is preparing his possible resignation with a report on his final replacement in both institutions. He will give his account to the High Court’s Government Chamber and CGPJ members next week.

The council thus enters a crucial week with several open fronts, including the appointment of two constitutional magistrates and an impasse over the possible resignation of Lesmes. And just this week the EC’s Commissioner for Justice, Didier Reynders, traveled to Spain to mediate the renewal of the CGPJ.

In the opening speech of the 7th judicial year. Lesmes threatened to resign If the PP and PSOE do not once and for all sit down to negotiate the renewal of the council or give back its powers so that it can resolve the appointment of judicial bodies which it cannot do while in office.

Resignation in early October

Now, in any case, Lesmes’ resignation does not indicate next week as he himself is personally involved in the renewal of two constitutional magistrates. His plan is as long as negotiations are finished or on track, which is not the case today.

Lesmes plans to call an extraordinary plenary session on October 3 as an ultimatum to force a deal and then resign. He is aware that there will be no agreement between the Conservatives and the Progressives on the appointment at the General Plenary Session on the 29th.

This is because legal sources consulted by Efe confirm that he will not be able to appear before the King on October 12, Hispanic Day, after the ordeal that began with the presence of Philip VI in the opening speech of the judicial year. His resignation is linked not to the TC renewal deal but to the renewal of the council, which has not been reported.

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The President of the Supreme Court, Carlos Lasmes (i), before King Felipe, intervened on September 7, the opening act of the judicial year. EFE / JJ Guillen

The first step in his effective resignation was to commission the Technical Cabinet of the Governing Body of Judges to examine the replacement processes chaired by the Supreme Court and the CGPJ, and since the Council is in office, a new president cannot be elected. .

The report, released this Friday, highlights the joint and inseparable ownership of the presidency of both institutions, that is, one president of the Supreme Court and another of the Council, not provided by law, must be the same. .

Lesmes will be replaced by Francisco Marin Castan

Thus, the natural alternative is the Vice President of the Supreme Court, confirmed by a constitutional ruling. But it appears that Vice President Angel Juanes left office in 2019 due to retirement. Since then, the post has been temporarily filled by the Supreme Court’s oldest president, currently Francisco Marin Castan. This means that he exercises all the prerogatives of the post, including replacement in the presidency of both institutions.

In this regard, the report indicates that if Lesmes resigns, the replacement will be automatic without the need for any act or contract established by the organic law of the Judiciary.

Web version: Belen Mayo

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