What happens if Lessmes eventually resigns as head of the judiciary

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President of Supreme court and of General Council of the Judiciary (CGPJ)Carlos Lessmes, announced at the opening ceremony of the judicial year in early September, that Will resign if blockade continues for renewal of governing body of judges, Before formalizing the resignation, he wanted to track the next appointments that are pending in the council, that of the two magistrates of the Constitutional Court. Now the exit seems imminent and he has signaled his replacement as well.: President of the Civil Chamber of the Supreme Court, Francisco Marin Castana,

If Lasmes put an end to his threat, how is the Supreme and the Council? We try to clear some doubts.

Is resignation possible?

President Lasmes has always ruled out the possibility of resigning, forcing the leaders of the PSOE and PP to agree and agree to a renewal of the CGPJ, whose Mandate expired on December 4, 2018, However, this Wednesday Seeing the loss of hope in the forthcoming settlement, personally defended the possibility of resigning and being the first to do so., He simply rejected that the resignation was en masse, as it would mean giving up his functions of the Council and believed that it could be done by other institutions, such as the government, for example, under similar circumstances. I will not be understood.

Who will be in charge of CGPJ?

After the departure of Carlos Divar due to the scandal of his visits while in charge of the judiciary, the law governing it was provided in Article 590 Substitution of the President of the Supreme Court for the Deputy Chairman of the High Court In case of premature abandonment Previous. At present, this responsibility rests with the President of the First Chamber, Francisco Marín Castán to be Supreme’s Oldest Chamber President,

The only formally appointed Vice-President of the Supreme Court was angel juanas, After his retirement he was replaced by Jesus Gulon, who was replaced by Marin Castan, when it was also time for him to retire. Both have held this position on an interim basis.

Sources in the governing body of judges consulted by this newspaper indicate that Marin Kastan will also assume the presidency of the council. The election will be held in a plenary session which will be presided over by Rafael Mojo to be the oldest member.

background

There are two cases of Supreme Court President and CGPJ resigning for very different reasons. a lior under the leadership of Pascual Sala to force the renewal of the governing body of judges, after adding several resignations from members to take over other responsibilities, and the other was that of Carlos Divar, who was forced to resign due to the scandal of paid personal visits by the judiciary. he replaced the latter Gonzalo Moliner, the candidate with the most votes, The individual’s quest to replace the wall meant that a series of names of magistrates who were not ultimately elected resulted in the inclusion of the public, an experience now recognized as a constitutional court. Appointments are being avoided.

When will CGPJ lose quorum?

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Article 600 of the Organic Law of the Judiciary provides for the holding of plenary meetings of the Council At least 10 members and the chairman. Currently, with the retirement of Rafael Fernández Valverde and the death of Viktoria Cinto, the council has 18 members plus laymen, so that despite his resignation, he can continue to serve.

For Make appointments law provides for a three-fifth majoritySo for the vacancies that have happened, it is necessary that they get selected for the constitutional get at least 12 votesWhich makes it necessary to achieve consensus among the various sensibilities existing in the Council.



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