• Courts The Supreme does not see a crime in which the Constitutional Court has not addressed the appeal against the Abortion Law for 11 years

  • Reform of the Equality Law: public hospitals must have professionals to perform abortions

There is a maxim that the courts of our country firmly respect: not to interfere with their decisions in ongoing electoral processes.

This unwritten rule is also intended to be put into practice now by the Constitutional Court, supreme interpreter of the Magna Carta, with a matter of maximum social sensitivity, the current Abortion Law approved in 2010 by the socialist government of José Luis Rodríguez Zapatero .

It so happens that the

Organic Law 2/2010 on Sexual and Reproductive Health and the Voluntary Interruption of Pregnancy

has been kept in a drawer in the court of guarantees for 12 years.

After the departure of Judge

Andrés Ollero

's court - who never wanted to submit his draft sentence contrary to the Law to debate with his colleagues due to the scant hope of reaching an agreement that would validate his presentation -, the drafting of the resolution corresponded to Judge

Enrique Arnold

.

Upon taking office, the president of the court himself, magistrate

Pedro González-Trevijano

, promised that the Plenary would address this delicate matter during his short-lived presidency.

In fact, according to legal sources reported to

EL MUNDO

, the drafting of the sentencing paper is at a very advanced stage and, a priori, the debate on the law on the voluntary interruption of pregnancy periods was going to be addressed for the first time by the magistrates this May -a plenary session will start on the 10th and the other will be held on May 31 and June 1 and 2-.

However, in court they are now considering postponing the deliberation of the abortion law after the Andalusian elections that will take place on June 19.

Sources from the Constitutional Court explain that it is an issue with an important ideological burden, whose debate may interfere with the outcome of the Andalusian elections and, although the decision has not yet been made, the idea of ​​waiting to submit the PP appeal to deliberation of the magistrates immediately after the Andalusians have gone to vote for the representatives of their regional government at the polls.

Just as the Supreme Court will not make the ERE ruling public until 19-J has passed, the TC could do the same with an appeal that, moreover, has not been resolved for 12 years,

In addition, although the last third of the court expires its mandate next June, everything indicates that it will last a few more weeks because it is up to the General Council of the Judiciary (CGPJ) to appoint two of the four new magistrates. of the organ.

Either the PSOE and the PP reach an agreement to unblock the governing body of the judges this month or the reform of the

Organic Law of the Judiciary

(which prevents discretionary appointments to the Council) disqualifies them from appointing the two new members of the TC.

The other way to subvert this situation would be for the Constitutional Court itself to address in May the appeals presented by PP and Vox against the legal reform that binds the CGPJ and declare this point of the legal modification unconstitutional;

scenario that seems unlikely at present as it is considered premature.

The TS will not make public the sentence of the ERE until after that date

The reality is that the debate over Rodríguez Zapatero's abortion law is the matter that has been pending judgment by the court for the longest years.

In addition, it is one of the few controversial issues that the Constitutional Court with its current composition will address.

The fact that the current presidency was appointed for a period of seven months, together with the not insignificant circumstance that Judge González-Trevijano inherited a broken court due to the strong internal struggles experienced around the sentences of the states of alarm, has resulted in other controversial matters pending judgment being removed from the Constitutional Court's agenda, such as, for example, the

Celáa Law

, whose paper had already been written by Judge

Ricardo Enríquez

.

Different sources of the TC warn that at the moment several sensitive resources are being parked, whose resolution will correspond to the next court, whose composition will be a progressive majority.

In other words, it is expected that in June there will be an ideological shift in the body that will then be chaired by a magistrate close to the PSOE government.

However, the same sources applaud that the current president has made an effort to rebuild the internal life of the court and, they add, that he has achieved it in record time.

Once again, a good work environment reigns in the organ among the magistrates, both of one and another sensibility.

The price to pay has been avoiding the debate on especially tricky issues and giving priority to others, such as, for example, the appeals for protection of the

procés

leaders against the Supreme Court ruling, whose processing was not completed under the previous presidency of

Juan Jose Gonzalez Rivas

.

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