According to the constitutional text, of the twenty members mentioned, twelve must belong to the category of "Judges and Magistrates" and eight will be "lawyers and other jurists, all of them of recognized competence and with more than fifteen years of practice in their profession."

The main novelty that it brought with it was the modification of the system of these twelve judges and magistrates, who from the entry into force of the new law began to be elected — like the other eight members— by reinforced majorities —three fifths— of the Congress of Deputies and the Senate.

This idea, initially discarded, was supported by the Spanish Socialist Workers' Party (PSOE) — which at that time had 202 seats— considered that the judiciary had a "conservative structure" and that the "parliamentary majority" should weigh more.

[9] Subsequently, other reforms promoted by conservative governments such as those carried out by Organic Law 2/2001, of June 28,[10] or by Organic Law 4/2013, of June 28,[11] introduced a mixed system, in which the spirit of the 1985 reform was maintained, allowing the parliamentary election of the members of the CGPJ, but giving greater relevance in the procedure for proposing candidates to judges and magistrates, as well as to existing judicial associations.

The Socialist Prime Minister José Luis Rodríguez Zapatero in the final period of the legislative session, and the Opposition Leader Mariano Rajoy once again refused to renew the CGPJ.

A few months earlier, as the procedure dictates, the President of the Supreme Court Carlos Lesmes sent a list of 51 candidates to the Parliament in order to choose the twelve members as defined in the Constitution and the Organic Law of the Judiciary.

[18] However, a week later a series of voice messages from the People's Party spokesman in the Senate, Ignacio Cosidó, was revealed, in which he described the agreement reached as "hopeful" and stated that it would allow them to control the Second Chamber of the Supreme Court [es] from behind and presiding over room 61 — the special room to prosecute presidents or magistrates of the Supreme Chamber or the illegality procedures of political parties.

Although the first of the conditions was implicitly accepted, since Podemos did not actively participate in any of the negotiations, the Government categorically refused to reform the election system without first renewing the body.

[37] The Government, finally, promoted a reform of the Organic Law of the Judiciary (LOPJ) that established a special regime for the CGPJ in case of being in office, limiting their ability to make appointments while they were in that situation.

[43] At the end of 2022 it was made public that the Government would promote a reform of the crime of sedition,[44] something that the opposition people's Party did not like and that they demanded that such plans be dropped as a condition to continue negotiating the restoration of the CGPJ.

[56][57] After learning of the ruling, both the President of the Congress of Deputies Meritxell Batet and the President of the Senate Ander Gil, confirmed that they would respect the decision of the Court,[58] although they considered the decision a dangerous precedent since it meant that "the interruption of the legislative power is within the reach of a single deputy with the filing of an appeal" or prevent the "legitimate representatives of popular sovereignty" from "exercising their functions and debating or voting within the terms established in the legal system”.

[60][61] In his traditional Christmas Eve National Speech King Felipe VI warned of the "erosion" of the institutions and called for them to be "strengthened" and "be an example of integrity and rectitude".

[64] After these nominations and the two candidates proposed by the Government — the magistrate Juan Carlos Campo and the professor Laura Díez Bueso —,[65]  the renewal of said court would be completed.

[66] On 22 March 2023, the member of the CGPJ Concepción Sáez resigned, denouncing the "unsustainable" situation of the body, the "inability to make decisions" and the little prospect of renewal.

[68] At the national level, throughout the period covered by this institutional crisis, it has been characterized by a null assumption of responsibility by the main political actors as well as constant mutual reproaches.

From the Government, initially formed by the PSOE and later with the inclusion of Unidas Podemos, the opposition -mainly the PP- has been accused of not having the will to negotiate a renewal and putting constant conditions that would hinder that objective.

For its part, the Popular Party, with similar arguments, blamed the Government for a lack of willingness to negotiate as well as describing it as "authoritarian"[69][70] and accusing it of wanting to "assault the institutions".