The crisis faced by the Government and the PSOE over the potential resignation of their leader, Pedro Sánchez, has led to significant changes in the political landscape. The government is now considering revisiting the reform of the law presented in 2021 to renew the Judiciary Council with three-fifths majority in the first instance and an absolute majority in the second, bypassing the PP’s blockade. Sánchez has left the door open to this possibility, acknowledging the need to renew the Judiciary Council, even if the PP continues to block it. The government is still seeking an agreement with the PP, but options will be explored if an agreement is not reached.

Sumar, on the other hand, is pushing for immediate reform without waiting for the PP, citing a lack of willingness from their side to reach an agreement. Yolanda Díaz, vice president and Sumar leader, believes the PP wants to control the Judiciary Council to contribute to the current disarray in the country. The government is also considering taking action against media outlets that have published falsehoods in some autonomous communities, under the law of institutional advertising. Plans for democratic regeneration have been discussed by the Executive, but details have not yet been revealed.

After Sánchez’s near resignation, the government is looking at alternative ways to renew the Judiciary Council without the PP. The preferred option is changing the majority requirement for the selection of the 12 judicial members of the Council, allowing for their election with the investiture bloc. However, the PP’s absolute majority in the Senate complicates this approach. Podemos has proposed a solution where the election of the 12 judicial members is left to the Congress, reducing the majority needed for decision making. This proposal has faced opposition from judicial associations, complicating the path towards renewal.

Various proposals have been considered over the years, such as automatic cessation of Council members after five years, to prevent situations like the current stalemate. Sánchez has not indicated which approach the government is considering, with different options and opposing views within the judiciary and political circles. A proposal by the acting president of the Judiciary Council, Vicente Guilarte, suggests limiting the Council’s powers to attract political interference, potentially facilitating renewal. The path towards renewal remains uncertain, with legal and political challenges to navigate.

In interviews this week, Sánchez has not revealed the government’s preferred option for renewing the Judiciary Council. The need for reform and renewal is clear, but the path forward remains complex with conflicting interests and legal considerations. As the government navigates the challenges ahead, a resolution to the current crisis will require strategic decision-making and alignment of political forces to ensure the effective functioning of the Judiciary Council.

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