Judge dodges congressional appearance with votes from PP

The ruling Popular Party (PP) on Wednesday blocked a motion put forward by the main opposition Socialist Party to have the chief justice of the Constitutional Court, Francisco Pérez de los Cobos, appear in Congress to explain his membership of the PP while serving on the court.

The PP-dominated congressional standing committee on Monday rejected the Socialists’ petition by five votes to four. The committee also stymied demands for Deputy Prime Minister Soraya Sáenz de Santamaría to explain Pérez de los Cobos’ membership of the ruling party.

The judge has admitted that he was a card-carrying member of the PP from 2008 to 2011 while serving on the court but has subsequently stopped paying his membership fees.

The PP members of the committee argued that there was nothing in the Constitution nor the rules governing Congress that could be used to call Pérez de Cobos to parliament to give his own account of the matter. They argued that the Constitution calls for judges to be allowed to act independently of political influence — i.e. not subject to the control of parliament.

The PP and other members of the judiciary have backed Pérez de los Cobos’ argument that there is nothing in the Constitution that bars judges from belonging to a political party on the grounds of incompatibility, provided they do not hold office within that party.

The regions of Catalonia and Andalusia have initiated proceedings to have Pérez de los Cobos barred from taking part in deliberations to be made by the Constitutional Court on key suits filed by the PP that affect their interests on the basis of his possible political bias.