The Spanish “Socialist” Party (PSOE) and the Popular Party (PP) are negotiating over the new composition of the General Council of the Spanish Judicial Power (CGPJ), the governing body of the judiciary, as well as the presidency of the Supreme Court. The new appointments to the CGPJ are scheduled for early December. Twenty members will be appointed: twelve by magistrates and eight by political parties in the Spanish Congress with a qualified majority of three fifths.
The PSOE needs the PP for the renewal of the GCPJ given that it requires the aforementioned super-majority of three-fifths in the Spanish Congress. The negotiations between the PP and the PSOE began early this August though no final agreement has yet been reached.
The PP has proposed Manuel Marchena, the current President of the Criminal Chamber of the Supreme Court, to replace Carlos Lesmes at the head of the General Council of the Judiciary (CGPJ). The name Marchena has political significance. He currently presides over the chamber that will judge the Catalan leaders and political prisoners who were involved in last year’s independence referendum. He will also be the one to announce the final sentences against them. Though not officially decided yet, the PSOE will propose someone like the Vice-President of the Constitutional Court, Encarnación Roca. However, the PSOE could end up accepting the PP’s proposal given that the deadline for proposing the members of the new CGPJ is today, and it needs the support of the PP. It’s believed that failing to reach an agreement would weaken the PSOE.
The PSOE is planning to give Unidos Podemos one of the names of the ten judges that they will nominate. Apparently, Podemos will choose Victoria Rosell. Thus Podemos appears to support this flagrant violation of the separation of powers in Spain that they once strongly criticized.
The Spanish Government won’t involve the Catalan pro-independence parties in the renewal of the Spanish judiciary, although the Catalan Government didn’t intend to participate in any case. The Catalan administration believes that the twenty members of the CGPJ should be elected by the judges, and not by parties. The renewal of the Council of the Spanish Judiciary comes on the eve of the trial against the Catalan political prisoners over last year’s independence referendum and after the scandal of the sentence of the mortgages that have buried the prestige of the high court, which makes clear the inexistent separations of powers in the Spanish State.
Given that a significant number of judges of the CGPJ, the governing body of the judges, are directly appointed by the two major political parties in the Spanish Congress, who can guarantee that the Catalan political prisoners will have a fair trial? On the contrary, it appears that the sentence against the Catalan leaders will be a political decision that is expected to be a tough one.