It will decide whether to admit the PP appeal against the penal reform that repealed sedition and modified embezzlement


The Constitutional Court (TC) will end up endorsing the abortion law of the Government of José Luis Rodríguez-Zapatero in its plenary session next week, with a sentence based on the rights of women that will dismiss the “popular” appeal presented more than a decade, while studying other issues, including appeals against penal reform and the ‘trans law’.

According to the agenda of the next plenary session, which will begin on May 9, the main issue will be the appeal presented by PP deputies in 2010 against the organic law on sexual and reproductive health and the voluntary interruption of pregnancy approved that same year, which meant the implementation of the deadline system establishing a limit of 22 weeks to be able to abort.

It also eliminated parental consent in cases of abortions for minors under 16 and 17 years of age, but that article was repealed in 2015 by the Executive of Mariano Rajoy, with which the ‘popular’ resource would have lost its purpose at this point.

However, from the TC a possible conflict is seen on this very matter, since the new abortion law allows minors of that age to abort without the need for parental consent.

The magistrates will study the paper written by the progressive magistrate Inmaculada Montalbán, who will propose to dismiss the appeal of the PP with a sentence focused on the well-being of women, based on the right to decide on their maternity, which will mean a novel approach compared to the previous draft , of the conservative magistrate Enrique Arnaldo, who pivoted on the rights of the unborn or ‘nasciturus’, according to the legal sources consulted.

The same sources also point out that the new paper will analyze the impact of the new abortion law on the 2010 law, but without going into a review of the latest law, since it is not the one challenged by the PP. This is a necessary study because the Constitutional Court is facing a complex situation, in which it must rule on the constitutionality of a law that has already been modified by another, they explain.

It was on February 9 when the new progressive majority of the TC rejected Arnaldo’s presentation. The magistrate proposed to support practically the entire law, except for article 17, considering that the way of informing the woman –by means of a sealed envelope– does not sufficiently guarantee that she gives informed consent to the voluntary interruption of the pregnancy.

Arnaldo declined to write a new paper that reflected the majority sentiment, so the president of the TC, Cándido Conde-Pumpido, commissioned Montalbán to prepare “a new resolution that dismisses the appeal of unconstitutionality” of the PP.

In addition, the Plenary will study whether to admit the PP’s appeal against the penal reform that repealed sedition and modified embezzlement and that of Vox against the ‘trans law’.

Likewise, it will analyze the admissibility of the resources of the Assembly of Madrid and the Government of Murcia against the tax on large fortunes, also challenged by the executives of Andalusia, Madrid and Galicia, whose resources were admitted for processing.