The Plenary of the TC accepts the abstentions of the former minister Campo and the former high office of Moncloa Laura Díez

• Justice Former minister Juan Carlos Campo asks to abstain in the appeal of the "law of only yes is yes" in the Constitutional

• Justice The TC magistrate chosen by Moncloa abstains from 25% because she previously endorsed the Generalitat

The Plenary of the Constitutional Court has admitted this Tuesday the first abstentions of the magistrates appointed at the proposal of the Government, that is, the former Minister of Justice Juan Carlos Campo and the former high office of Moncloa, Professor

.

According to legal sources, the Plenary has agreed to approve the abstention of magistrate Campo in matters related to the amparo appeals of the PP deputy

, and the parliamentary groups of the Popular Party and Vox in Congress against the decisions of the Presidency of the Congress of Deputies, Meritxell Batet, during the approval of the labor reform.

Likewise, the TC has approved its abstention in the unconstitutionality appeal promoted by Vox against Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, known as the law of

.

In the first of the cases, Campo departs from the procedure since Batet is his sentimental partner and, according to the abstention document that he has presented before the Plenary, to which

has had access , in accordance with article 217 of the Organic Law of the Judiciary where it is established that "the matrimonial bond or assimilable factual situation with the judge or magistrate who had issued a resolution" are grounds for abstention -and in the event of recusal.

In the case of the

law , the magistrate was Minister of Justice when the legislative project to reform the

was drafted .

"I inform the Plenary that in my capacity as Minister of Justice of the Government of the Nation (a responsibility that I have carried out from January 13, 2020 to July 12, 2021, I have participated in the legislative work aimed at the approval of the bill of law that gave rise to the Organic Law", explains Juan Carlos Campo in the aforementioned document.

Likewise, the Plenary has approved this Tuesday the abstention of the magistrate Laura Díez in the question of unconstitutionality promoted by the

on the Decree-law of the Generalitat of Catalonia 6/2022, of May 30, by the establishing the criteria applicable to the preparation, approval, validation and revision of the linguistic projects of educational centers and Law 8/2022, of June 9, on the use and learning of official languages ​​in non-public education academic.

As vice-president of the

's legislative initiatives

.

In his brief formulating the abstention, Díez points out that he departs from the procedure in accordance with article 219.16 of the LOPJ, which states that "having held a public office on the occasion of which he could have knowledge of the object of the litigation and form criteria to the detriment of due impartiality".

On the other hand, the Plenary of the body chaired by Judge

has admitted for processing the unconstitutionality appeal promoted by Vox against the law of only yes is yes.

The formation of Santiago Abascal considers that with this legal modification, among other constitutional rights and principles, the presumption of innocence, the prohibition of defenselessness and legal certainty, derived from the way in which the concept of "consent" is regulated " in the framework of the new crime of sexual assault.

The appellants also appeal that the principle of proportionality of the sentences could have been violated, by the unification in a single criminal type (sexual assault) of what were previously two (abuse and assault or rape).

According to the criteria of The Trust Project

Know more

• constitutional Court

• Vox

• Juan Carlos Field

• Santiago Abascal Conde

• THE WORLD

• Law of Sexual Freedom

• Meritxell Batet

• PP

• Justice