From a "coordinated" resignation between the members to resignations "in any case individual and not collective." This has been expressed in the last few hours by the member closest to the PSOE, Álvaro Cuesta, before the councilors of the progressive sector of the General Council of the Judiciary (CGPJ).
According to legal sources to EL MUNDO, at the end of the first meeting held yesterday by five members of this sector, Cuesta sent a WhatsApp to his colleagues where he stated the following: "We have begun by assessing the situation of the CGPJ given the unsustainability of its non-renewal and suspension of application of the Constitution, we analyze possible scenarios and legal consequences of new resignations, in any case, individual and not collective.
This message contrasts with the one that Cuesta himself sent to the same chat of members a day before: «If at least eight of us leave, the Plenary could no longer be validly constituted. I propose to address and confront this issue in a coordinated manner." Legal sources consider that the member -former deputy of the Socialist Party- is "backing down" because he knows that this resignation en bloc is not supported by several of the advisers of the left wing of the CGPJ.
After this first meeting to which all the members of the progressive sector of the body could not attend, this group has met again for next Tuesday with the aim of addressing possible resignations within the governing body of judges. The president of the Council, Rafael Mozo, sent a message yesterday to the directors of this sensitivity where he summoned them to a face-to-face meeting on the 28th at 7:00 p.m. Several members were absent from yesterday's meeting for scheduling reasons, which is why it was decided to repeat the meeting next Tuesday. The meeting was attended by Mozo, Clara Martínez de Careaga, Pilar Sepúlveda (this member connected to the meeting by videoconference), Cuesta and Concepción Sáez.
The appointment was set after the latter counselor announced that she was resigning from holding the position given the situation of "institutional degradation" that the governing body of judges is going through and at the initiative of the counselor Álvaro Cuesta who proposed a surprising way to address a collective resignation . Cuesta, a former PSOE deputy, called for a coordinated resignation to be carried out that leaves the plenary session without the possibility of operating due to lack of a quorum. However, up to three members of the progressive sector of the CGPJ are radically opposed to the resignation, so it is difficult for the maneuver to prosper, according to sources in this sector.
On the other hand, legal sources explain that in the hypothetical -and improbable- case that eight members resign, the Plenary would be left without the minimum number of members necessary to be able to be constituted, but they suggest that the Permanent Commission of the Council could continue to function. In other words, it is doubtful that even if a joint resignation were carried out, it would be automatically forced to renew the body with the path of its dissolution.
On the other hand, next Thursday a plenary session has been convened in the Council. Legal sources maintain that it is expected to address the resignation letter sent by Sáez to the president, who has the ultimate power to accept or reject the resignation of the Izquierda Unida counselor.
Cuesta has managed to get a debate on the resignation of the members in plenary. The majority of councilors that make up the governing body of the judges rule out, however, that there will be a contagion effect with the march of Sáez and the proposal of the former PSOE parliamentarian.
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