The TC refuses to remove the progressive magistrate Laura Díez from the amnesty debate

The Plenary of Constitutional Court This Tuesday, he rejected the challenge of the Popular Party against the progressive magistrate Laura Diez for the amnesty law with a comfortable majority.

Legal sources report that the court of guarantees has dismissed the recusal incident by eight votes to one. She has been the conservative magistrate Concepción Espejel who has voted against because he disagrees with the composition of the court, although he does support that there is no reason for recusal.

In fact, The script that was developed in the previous plenary session has been repeated when the court rejected the PP’s challenge against its president Cándido Conde-Pumpido. Espejel voted against for the same reasons and the conservative magistrate Enrique Arnaldo presented a concurring vote criticizing the composition of the plenary session.

The facts have arisen from a presentation by the progressive Ramon Saezwhich considers that the fact that he has worked as a senior official in the Sánchez Government. In view of the result, it is an opinion shared by magistrates from both the progressive and conservative blocs.

Neither she has participated in the debate because she is the object of the challenge nor the conservative magistrate Jose Maria Macias for being affected by another, but Conde-Pumpido, once his was rejected in the previous plenary session. Once again, the latter will be the protagonist given that the Plenary is already studying the incidents of recusal presented by the Xunta de Galiciathe Community of Madridthe Junta of Castilla y Leónthe Junta of Extremadurathe Generalitat Valenciana and the Governments of Cantabria, Balearics and Andalusia.

According to sources, the court will apply the doctrine of the previous plenary session so that the president can remain in the debate on the amnesty law. With the panorama clear with Conde-Pumpido and also with Díez, all attention will focus on Macías in the near future. His recusal is the one that generates the most debate because when he was a member of the General Council of the Judiciary supported two reports contrary to the norm.

Pending what happens with the latter, the current balance of forces is 6 to 5 in favor of the progressives after the abstention of the magistrate and former Minister of Justice Juan Carlos Campo.