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The Constitutional Court rejects 21 challenges in the plenary session that was supposed to debate the euthanasia law

2023-02-21T19:55:52.894Z


The attempt to remove four magistrates from the most important resources slows down the decision-making of the court


The Constitutional Court has rejected a total of 21 challenges this Tuesday, presented by the PP and Vox, on the same day that the court would have had to be deliberating on the euthanasia law, according to the calendar that the guarantee body itself facilitated last January.

These initiatives, focused on the attempt to remove various magistrates, have prevented decision-making from being carried out within the initially planned deadlines.

However, the purpose of the president of the court, Cándido Conde-Pumpido, is that both the appeal against the norm and the educational reform of the

Celáa

education law be resolved during the month of March.

Neither of the two draft sentences has yet been distributed to the magistrates.

The one related to the euthanasia law will begin to be studied in the plenary session on March 7, but it is taken for granted that the sentence will not be closed that day, which would be approved, if applicable, in the following plenary session, from on the 22nd of the same month.

In this second plenary session, the Celáa law will be discussed

.

The ruling that will endorse the current abortion law —once the paper presented by the magistrate of the conservative sector Enrique Arnaldo was rejected— is now in the redrafting phase, entrusted to the vice president of the court, Inmaculada Montalbán, and in court sources it is estimated which will be approved during the month of March.

Of the 21 challenges rejected in this plenary session, 9 were presented by the PP against magistrate Juan Carlos Campo and 7, with the same origin, against magistrate Laura Díez.

In the case of Campo, some would have been unnecessary, because the magistrate himself has refrained from intervening in relation to 19 matters, because they are related to his previous position as Minister of Justice, or with decisions adopted by the president of Congress, Meritxell Batet, who is your current partner.

The rejection of other challenges was based on the fact that they were untimely, because they had been presented after the deadline.

The law gives 10 days for challenges to be presented, once the cause for which they could be formalized is known.

In this case, the court has interpreted that the identity of the court magistrates was already established the day they took office, on January 9.

Therefore, whoever wanted to question his impartiality had the possibility of doing so until January 23, while the corresponding briefs were presented on the 31st of that month.

Thus, the seven challenges presented against Laura Díez were rejected for having been presented after the deadline.

The magistrate herself has already refrained from participating in the procedures opened by Catalan legislation contrary to the 25% presence of Spanish as the vehicular language in Catalan schools.

The court has also rejected the four challenges presented by Vox against the president of the court, Cándido Conde-Pumpido, and the magistrates Juan Carlos Campo, Laura Díez and María Luisa Segoviano.

In this case, the consideration that the Constitutional Court must always ensure the continuity of its work has prevailed, which would be prevented in the event that four magistrates had to leave, due to an alleged lack of impartiality.

In its resolution, the guarantee body reiterates its jurisprudential doctrine, by virtue of which each challenge of four or more magistrates would mean, if processed, an unacceptable stoppage of the functions of the court, so its priority must be to "safeguard the exercise of its own jurisdiction”.

For the next plenary session, already in the month of March, there are still another 44 challenges to be resolved, these presented by Vox against the four aforementioned magistrates and in relation to eleven appeals.

In principle, they have the same negative prognosis as the previous ones, since, if successful, they would leave the court without a quorum.

The Constitutional Court now acts with 11 magistrates —the position of Alfredo Montoya, who resigned for health reasons, remains vacant— so that in the event of four of its components being removed, the plenary session would remain with seven members, when the minimum to make decisions is eight, equivalent to two thirds of its natural members.

Source: elparis

All news articles on 2023-02-21

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