The Popular Party has filed a lawsuit against European Human Rights Court (ECHR) for the performance of Constitutional Court When endorsing the reform of the Government that allowed the General Council of the Judiciary (CGPJ) in functions to appoint its two candidates for magistrate of the Court of Guarantees.
Specifically, the PP accuses the TC of having violated “its right as recurring to a fair and equitable process in accordance with the provisions of article 6.1 of the European Human Rights Agreement (ECHR) «as they have advanced ‘El Mundo’ and ‘El Español and have confirmed sources to Europa Press. It is the first time that the PP goes to Strasbourg to denounce an action of the constitutional presiding over Cándido Conde-Pumpido.
In the demand to the ECHR, the PP affirms that the LEGIDUSPRUDENCE of the TJUE demanded that the TC “a motivation of the denegatory decision duly founded”, something that “shines for its absence” and violated the right of the recurring “to a fair and equitable process former CEDH article «.
For the ‘popular’, the Constitutional breached “flagrantly the demands of the TJUE”, discarding the approach of the issue through “an unmotivated decision” that prevented the demanding “knowing the reason for the refusal in question.”
The TC endorsed the modification of the Organic Law of the Judiciary (LOPJ) that the Government carried out so that the CGPJ could appoint its two candidates for magistrate of the Court of Guarantees itself, which were finally María Luisa Segoviano and César Tolosa.
It should be remembered that the LOPJ was reformed in March 2021 to prevent a acting CGPJ-as then-to make appointments in the judicial dome, but given the need to renew one third of the TC-with two magistrates nominated by The Council and many others for the Government- a new reform was carried out in July 2022 to allow the Council to fulfill its part.
The TC dismissed the appeal of unconstitutionality promoted by 50 PP deputies against the reform of law. Alberto Núñez Feijóo’s party asked to raise a preliminary ruling the Court of Justice of the European Union. In addition, it stressed that the aforementioned reform violated articles 23 and 93 of the Constitution for its parliamentary processing through a proposal of law that promoted the PSOE. The ‘popular’ also argued that the law violated article 9.3 of the Magna Carta, in regard to the interdiction of the arbitrariness of public authorities.
It also pointed to article 165 of the Constitution itself, since its content would affect the legal regime of the Constitutional Court. Finally, the PP indicated 159.1 of the Magna Carta, by establishing a deadline for the designation of the magistrates of the Court of Guarantees.
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