October 7, 2022

Lesmes prepares to resign as head of the CGPJ

Madrid (EFE).- The President of the General Council of the Judiciary and of the Supreme Court, Carlos Lesmes, is preparing his possible resignation with a report on his possible replacement in both institutions. He will account for him next week, both to the ruling chamber of the Supreme Court and to members of the CGPJ.

The Council is thus entering a crucial week with several open fronts, with negotiations at an impasse to appoint the two constitutional magistrates and the possible resignation of Lesmes. And this is just the week when EC Justice Commissioner Didier Reynders visits Spain to mediate in the renewal of the CGPJ.

In his opening speech of the Judicial Year, on the 7th, Lesmes threatened to resign if PP and PSOE have not sat down to negotiate once and for all the renewal of the Council or to relinquish its powers so that it can tackle the judicial appointments it cannot make while in office.

Cancellation before the beginning of October

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

Lesmes plans to convene an extraordinary plenary session on October 3 as an ultimatum to force an agreement and then step down. He is aware that there will be no agreement between Conservatives and Progressives on the appointments in the Ordinary Plenary on the 29th,

This is because legal sources consulted by Efe assure that he cannot appear before the king on October 12, the Spanish Day, after the ordeal that had begun in his opening speech of the judicial year in the presence of Felipe VI. His resignation is not linked to the agreement to renew the TC, but to the renewal of the Council, about which there is no news.

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

The first step towards his effective resignation was the assignment to the Technical Cabinet of the Governing Body of the Judges to examine the replacement mechanisms in the Supreme Court presidency and the CGPJ and that since the Council is in office, there can be no new president. be chosen.

The report, made public this Friday, emphasizes the joint and inseparable ownership of the presidency of both institutions, i.e. the law does not provide that there is a president of the Supreme Court and another of the Council, it must be the same .

Lesmes would be replaced by Francisco Marín Castán

Thus, the natural deputy is the Vice President of the Supreme Court, as guaranteed by a constitutional ruling. But it turns out that Vice President Ángel Juanes left office in 2019 due to retirement. Since then, the position has been temporarily filled by the senior Supreme Court president, currently Francisco Marín Castán. 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 in the event that Lesmes resigns, the replacement will be automatic, without the need for any act or agreement, as provided by the Organic Law of the Judiciary.

Web Edition: Belén Mayo

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