The Congress is set to elect ten new members of the General Council of the Judiciary (CGPJ) this Tuesday. This decision comes as part of an agreement between the PSOE and PP, aimed at renewing the governing body of the judiciary, which has been functioning in a caretaker capacity since its mandate expired in December 2018.
Specifically, six members with judicial backgrounds and four distinguished legal experts will be elected through a ballot process. A qualified majority is required, meaning three-fifths of Congress, or 210 votes. The voting will occur in two rounds: one for the six judicial representatives and another for the four legal professionals. During each round, deputies can nominate only a limited number of candidates.
The 210 votes needed for approval are expected to be easily secured, primarily through the support of the two major parties. However, it remains unclear whether the junior government partner, Sumar, will back all candidates or just the ones they support, such as Inés Herreros, promoted by the plurinational group, along with Carlos Preciado, who is set to be elected by the Senate.
Most parliamentary groups have opted to remain neutral during this process, as they were not consulted on the candidates. Vox and Junts attended the nominations committee to express their criticism of the bipartisan agreement, while other groups, apart from Unión del Pueblo Navarro, chose not to participate.
In terms of specific nominations, the four legal experts being proposed include José Luis Costa Pillado (President of the Consultative Council of Galicia), Inés María Herreros Hernández (a prosecutor and former president of the Progressive Prosecutors’ Union), Pilar Jiménez (Chief Prosecutor of Cantabria), and Argelia Queralt (a Constitutional Law professor at the University of Barcelona and lawyer for the Constitutional Court).
The judicial nominees include Ángel Arozamena (Supreme Court judge), Esther Erice (judge at the Superior Court of Justice of Navarra), Gema Espinosa (Provincial Court of Barcelona), José María Fernández Seijo (Commercial Judge in Barcelona), José María Páez (senior judge in Málaga), and José Carlos Orga (Provincial Court of Logroño).
On the same day, the Congress will approve a bill for the Senate that amends the Law on the Judiciary and the Statute of the Public Prosecutor’s Office. This reform aims to prevent “revolving doors” in the judiciary, strengthen the majorities needed for judicial appointments, and empower the new CGPJ to propose changes to the selection system for its members.
The proposed legislation introduces a revised incompatibility regime regarding the appointment of the Attorney General. Specifically, individuals who have held governmental roles such as minister, state secretary, regional councilor, mayor, member of parliament, or senator within the past five years will be prohibited from being proposed for this position.
During the legislative process, the PSOE and PP only made minor technical adjustments and rejected amendments suggested by Sumar. This was the only group that provided feedback and ultimately chose to abstain from voting in the Justice Commission. Conversely, Vox and Junts voted against the legislation, and most other groups did not take part in the commission’s discussions.
The Senate will have its chance to vote on Wednesday, where it will follow a similar procedure to elect its ten nominees. For the Senate, a qualified majority is set at 159 votes.
The proposed candidates for the Senate include Ricardo Bodas (retired Supreme Court judge), Bernardo Fernández (former president of the Consultative Council of Asturias), Luis Martín Contreras (justice administration lawyer at the Supreme Court), and Isabel Revuelta (lawyer for the Parliament). The six judicial candidates are José Antonio Montero (Supreme Court judge), José Eduardo Martínez Mediavilla (President of the Provincial Court of Cuenca), Esther Rojo (President of the Provincial Court of Valencia), Carlos Hugo Preciado (Superior Court of Justice of Catalonia), Alejandro Abascal (National Court), and Lucía Avilés (criminal judge in Mataró, Barcelona).
Once the Senators and Congress members are elected, they will have between three and seven days to choose a president, who will also serve as the president of the Supreme Court.
Additionally, on the same Wednesday, the Senate will vote for a new Constitutional Court judge to fill the vacancy left by Alfredo Montoya, who resigned for health reasons in July 2022. This position is designated for the PP, which has agreed to nominate José María Macías, a sitting member of the CGPJ from the conservative bloc. Macías has garnered support from the PP, PSOE, Sumar, and Agrupación Herreña Independiente, with UPN abstaining in the process. For his appointment, he needs the backing of at least 159 senators, which seems highly likely.
Finally, the Senate will also debate and vote on the judicial reform proposed by the PP and PSOE, which has already passed in the Congress. The expectation is for this reform to be finalized in a plenary session scheduled for July 31.
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