Every December 6th, we celebrate the anniversary of our Magna Carta, a historic achievement for a country emerging from a dictatorship that managed to create this Law of laws. It has remained in force for 44 years and has provided us with a legal framework in which we have developed a plural and modern rule of law. Intended to remain, although possibly with some modification, it is undoubtedly the great legal and ethical framework of Spanish society.
But we must be scrupulous in its compliance, as abiding by it is the best way to defend it, starting with the state authorities and the world of politics, otherwise this reference of coexistence will deteriorate. It is worth mentioning that only 8% of Spaniards trust political parties, compared to 18% in Europe.
A serious constitutional breach is the non-renewal of the General Council of the Judiciary (CGPJ), the governing body of the judiciary, a true pillar of our society and essential in any democracy, which has been overdue for 4 years. As a three-fifths majority is required, its renewal is not easy. The political parties do not agree, especially the Popular Party, which has blocked it all these years, giving up to 20 different excuses. This failure to comply with its legal obligations is not typical of a party that proclaims itself constitutionalist and of the state, which aspires to govern Spain.
It is the General Courts, depositaries of popular sovereignty, who must propose names for this renewal. Thus, the Congress of Deputies is responsible for proposing 10 names (6 judges and 4 renowned jurists). The Senate is responsible for the same number, but neither of the two chambers, due to the lack of agreement among the main parties, has made any proposal. It is their responsibility to promote agreements that make renewal possible. The governing boards of Congress and Senate should take inactive measures in this regard, calling the spokespersons of the non-complying groups to task, criticizing their lack of responsibility. I understand that the regulations of both chambers contemplate coercive measures in the face of breaches of this caliber.
Article 56 of the Constitution says: ”The King is the Head of State, ……. arbitrates and moderates the regular functioning of the institutions”, I do not believe that a CGPJ in office for 4 years with its powers limited by law, has a regular functioning. It is the Head of State who has the duty to intervene, summoning the leaders of the main political parties, asking for explanations and exhorting them to the mandatory compliance.
No institution or authority of the state should stand idly by in the face of a blatant constitutional breach, which is what is happening. This democratic anomaly should not be maintained any longer. As a friend says, with great popular wisdom, perhaps, withdrawing the salary of the current members of the CGPJ would solve the problem.
To proclaim oneself a constitutionalist cannot be to attend today the institutional events to celebrate Constitution Day, proclaiming its benefits and highlighting its importance, only to fail to comply with our basic norm tomorrow.