Trevijano’s farewell speech has been loaded with messages The new court docket, with a progressive majority, can be led by Cándido Conde Pumpido and María Luisa Balaguer and can be elected on Tuesday Segoviano, Díez, Tolosa and Campo are already magistrates of the assure court docket
Pedro González Trevijano has put an finish this Monday to one of many shortest presidencies of the Constitutional Court, one 12 months and simply over a month. And he has completed it with a troublesome speech, loaded with messages, with which he has additionally welcomed the brand new members of the Plenary. In his speech, the previous president of the TC has defended the function of the Court as guarantor of the Constitution after the newest tensions with the Government, exactly due to the Government reform to facilitate the renewal of the physique, paralyzed by the court docket itself .
In a direct message to politicians, the outgoing president recalled that the Constitutional Court shouldn’t be a 3rd chamber the place legal guidelines might be knocked down, though he has claimed the function of the Court as answerable for its constitutional management. Not solely that, he has criticized the “unlucky hypertrophy” of issuing legal guidelines by decree for “a number of legislatures”, which in his opinion “disempowers minorities.”
Trevijano has raised a distinction between unity and variety because the axis of his discourse: “The fox is aware of many issues, however the hedgehog is aware of one and nice one”, started González Trevijano, referring to the theses of the thinker Isaiah Berlin. Trevijano has identified the ambivalence of the constitutional courts’ protection of the Constitution and the room for maneuver that constitutionality has, which permits completely different “political visions, concepts and sensitivities.”
Neither progressive nor conservative
Trevijano has assured that he doesn’t share the “false dichotomy” between conservative and progressive judges: “Let’s not flip consensus and certified majorities into automated quota regimes”, requested the Justice of the Peace, who closed 9 years within the Constitutional Court with that speech, like his companions Juan Antonio Xiol, Antonio Narváez and Santiago Martínez Vares.
“The Justice of the Peace doesn’t characterize anybody,” Trevijano has identified, assuring that the members of the TC are “alone with their conscience” and that they don’t obey political orders from those that proposed them.
Message to independence
“In Spain there is just one sovereignty, the nationwide sovereignty, that of the Spanish folks, solemnly expressed on December 6, 1978 with the approval of the Constitution,” stated the previous Justice of the Peace of the TC, who throughout his time in plenary session has lived the independence course of as one of many key points.
After welcoming the 4 new magistrates, he recalled that there’s nonetheless one place to be crammed, that of Alfredo Montoya, who should be appointed by the Senate.
Despite the concept conveyed by Trevijano, the arrival of the brand new magistrates supposes a change of steadiness in direction of the progressive majority. Juan Carlos Campo, former Minister of Justice; Laura Díez, former high-ranking official of Moncloa; Mª Luisa Segoviano, retired Justice of the Peace of the Supreme Court; and César Tolosa, additionally a Supreme Court Justice of the Peace; are the faces of that flip. Tolosa, former president of the Contentious Chamber of the Supreme Court, is the one conservative of the incoming magistrates.
The unblocking, after the appointment of the 2 CGPJ candidates who had been to affix these proposed by the Government, made doable the act on Monday wherein the presidents of Congress, the Senate, and ministers corresponding to Félix Bolaños and Yolanda have been Diaz. The two have spoken earlier than the institutional act to ask Alberto Núñez Feijóo to unlock one other renewal, that of the General Council of the Judiciary, in workplace for 4 years.
The first plenary session of the brand new court docket can be held on Tuesday and can serve to elect the president. Twenty-four hours after that assembly, it’s nonetheless not clear who will assume the presidency, however one factor is definite: he can be a progressive Justice of the Peace. The doubt is between Cándido Conde Pumpido, former State prosecutor and the professor of Constitutional Law Mª Luisa Balaguer. The two have proven their willingness to take workplace, however it isn’t clear who their blockmates will lean in direction of, who will maintain a gathering this Monday to attempt to agree on a unitary designation that avoids fracture.
Another doable consequence of the assembly is that this sector decides that Pumpido and Balaguer are president and vp. Of course, that will break one other custom: that of the president and vp being of various tendencies.