The president exposes to the Government Chamber the technical report prepared by the CGPJ, which places Judge Marín Castán as a temporary substitute when the march is consumed
The president of the Supreme Court and the General Council of the Judiciary (CGPJ), Carlos Lesmes, met this morning with his colleagues from the Government Chamber of the high court, the body formed by the five presidents of the different jurisdictions and by others five magistrates. Lesmes has explained in detail the technical report prepared by the Council’s legal office, which establishes the roadmap to follow before the “possible replacement of him in the tenure of the presidency of both institutions.”
The attendees – the president of the Second Chamber (Criminal), Manuel Marchena, was absent for personal reasons – listened to Lesmes’ explanations and did not object to the content of the report, according to legal sources. The main consequence is that, if the resignation is consummated, the presidency would fall to the head of the First Chamber (for Civil matters), Francisco Marín Castán, since he is the oldest member of the Chamber (he is 70 years old).
With the legal arguments in hand, there was not much room to refute the replacement plan for Lesmes by the Government Chamber. This despite the fact that a current of the CGPJ considers that it would have been more consistent to leave the Council in the hands of the oldest member as well, in this case the magistrate of the National Court Rafael Mozo, proposed by the Socialist Parliamentary Group in 2013.
On the other hand, from the environment of Marín Castán they recognize the workload that he will have to assume if Lesmes leaves, since he would hold two new presidencies with their respective charges: the Supreme Court with the serious problem of functioning due to the unfilled vacancies, close 20% of the total, and the CGPJ in office with the ordinary activity of the matters dealt with by the Permanent Commission and the holding of plenary sessions. To this work would be added the classic tasks of the First Chamber of the Supreme Court: the pending hearings, the resolution of resources or the sentences in civil matters. A jurisdiction that has nine magistrates.
After the meeting with the Government Chamber, Lesmes will meet the King this Wednesday, to whom he will deliver the annual report, on Thursday he will preside over the Council Plenary in which this report on his “possible resignation” will be debated and on Friday he will will meet at the headquarters of the governing body of the judges with the European Commissioner for Justice, Didier Reynders. A key week for the expected reactivation of the renewal of the CGPJ, which is heading towards a four-year interim period due to the disagreement between the two majority parties in the Cortes: PSOE and PP.
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