Madrid (EFE).- The president of the General Council of the Judiciary and the Supreme Court, Carlos Lesmes, is preparing his possible resignation with a report on his possible replacement in both institutions. He will report on him next week both to the government chamber of the tribunal de grande instance and to the members of the CGPJ.

The Council thus enters a crucial week with several open fronts, with stalled negotiations to appoint the two constitutional magistrates and the possible resignation of Lesmes. And this just the week that the Commissioner for Justice of the EC, Didier Reynders, travels to Spain to mediate in the renewal of the CGPJ.

In his opening speech of the judicial year, on the 7th, Lesmes threatened to resign if the PP and the PSOE do not sit down to negotiate once and for all the renewal of the Council or return its powers to it so that it can deal with the appointments of judicial bodies that it cannot make when it is in operation.

Resignation for the beginning of October

However, in any case, the resignation of Lesmes does not point to this next week since he is himself personally involved in the renewal of the two constitutional magistrates. His plan is to leave as long as the negotiations are over or on track, which is not the case today.

Lesmes plans to call an extraordinary plenary session on October 3 as an ultimatum to force a deal and then step down. He is aware that there will be no agreement between conservatives and progressives for the appointments in the ordinary plenary session on 29

Indeed, legal sources consulted by Efe assure that he cannot appear before the king on October 12, Hispanic day, after the ordeal launched in his opening speech of the judicial year in the presence of Felipe VI. His resignation is not linked to the renewal agreement of the TC but to the renewal of the Council, of which we have not heard.

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The President of the Supreme Court, Carlos Lesmes (i), before King Felipe, intervenes in the act of opening the judicial year, on September 7. EFE / JJ Guillén

The first step towards his effective resignation was to instruct the Technical Cabinet of the Governing Body of Magistrates to examine the mechanisms for replacing the presidency of the Supreme Court and of the CGPJ and that since the Council is in office, a new president cannot be elected .

The report, made public on Friday, highlights the joint and inseparable ownership of the presidency of the two institutions, that is to say that it is not provided by law for there to be a president of the Supreme Court and another Council, it must be the same.

Lesmes would be replaced by Francisco Marín Castán

Thus, the natural substitute is the Vice-President of the Supreme Court, as guaranteed by a constitutional decree. But it turns out that Vice President Ángel Juanes left office in 2019 due to retirement. Since then, the position has been held temporarily by the longest-serving president of the Supreme Court, currently Francisco Marín Castán. This means that he exercises all the prerogatives of the post, including acting as president of the two institutions.

In this regard, the report indicates that in the event of the resignation of Lesmes, the replacement will be automatic, without the need for any act or agreement as established by the organic law of the judiciary.

Web edition: Belén Mayo

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