Carlos Lesmes is preparing his departure from the two bodies he has chaired in office since December 2018: the General Council of the Judiciary (CGPJ) and the Supreme Court. The governing body of the judges has reported in a statement that the still president will report next week to the Governing Chamber of the Supreme Court and to the plenary session of the CGPJ of a report on the “possible replacement of him”. The document has been prepared at the request of Lesmes by the technical cabinet and establishes that, in the event of his resignation, his two positions will be occupied by the president of the Supreme Court with the most seniority, Francisco Marín Castán.
The conservative sector rejects that there is “urgency” to renew the Constitutional despite failing to meet the legal deadline and does not propose candidates
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On September 7, during the solemn act of Opening of the Judicial Year, Lesmes threatened to present his resignation “in weeks” if the CGPJ is not renewed, which is heading towards four years with the mandate expired. During his speech, he rebuked the political forces for the situation of paralysis in which the CGPJ finds itself. And he asked the President of the Government, Pedro Sánchez, and the leader of the PP, Alberto Nuñez Feijóo, to meet “urgently” to agree on the renewal “in the coming weeks” and put an end to a situation that he described as “unsustainable” and ” unacceptable”.
Lesmes asked that the renewal be agreed and that, if it is not done, the powers of the CGPJ be restored. That is, that he be allowed to continue making key appointments at the top of the main courts. “A duty that stems from the Constitution cannot be subordinated to reasons of political opportunity,” he asserted.
The report prepared by the technical office establishes, among other issues, that “both the Constitution and the Organic Law of the Judiciary conceive the presidency of the Supreme Court and the General Council of the Judiciary as a joint and inseparable ownership, which excludes the possibility to articulate different ways of substitution: through the vice president of the Supreme Court or whoever exercises his functions in the presidency of the Supreme Court and by the oldest member in the presidency of the CGPJ”.
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