Abortion: the Spanish Constitutional Court skips its own jurisprudence to please the socialists

@ElentirENG ES 2·09·2023 · 20:14 0

The socialist assault on democratic institutions has today given rise to a new scandal, this time in the Constitutional Court, now controlled by the left.

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The Constitutional Court announces that it will dismiss the PP's appeal to the abortion law

This noon, the TC has made an announcement about the abortion law, pointing out that the leftist majority has dismissed the paper presented by magistrate Enrique Arnaldo, and stating the following: "Cándido Conde-Pumpido Tourón has appointed Vice President Inmaculada Montalbán as rapporteur, so that she proceeds to prepare a new resolution, which dismisses the unconstitutionality appeal" presented by the Popular Party (PP) in 2010 against that law.

This announcement comes almost 13 years after the presentation of that appeal and without the previous majority of the TC, made up of magistrates related to the PP, having issued any sentence in this regard in all this time, a decision that It can be attributed to political rather than legal causes, since the jurisprudence of the Constitutional Court is very clear in this regard.

What the jurisprudence of the TC says about abortion

Let us remember that sentence 53/1985 of the TC clearly stated the following: "if the Constitution protects life with the relevance mentioned before, it cannot unprotect it at that stage of its process that not only It is not a condition for life independent of the maternal cloister, but it is also a moment in the development of life itself; therefore, it must be concluded that the life of the unborn child, insofar as he embodies a fundamental value –human life– guaranteed in article 15 of the Constitution constitutes a legal right whose protection is found in said precept constitutional basis."

The sentence added: "this protection that the Constitution grants to the unborn implies for the State in general two obligations. That of refraining from interrupting or hindering the natural process of gestation, and that of establish a legal system for the defense of life that supposes an effective protection of the same and that, given the fundamental nature of life, also includes, as a last guarantee, penal norms."

The current abortion law collides head-on with that jurisprudence

It goes without saying that a law of time limits such as the one under appeal, which completely unprotects, is clearly incompatible with that sentence, since it openly violates its terms. It is incomprehensible that in all these years, the majority in favor of the PP in the TC has not wanted to pass sentence against a law that is clearly unconstitutional. Passivity like this could only be explained by indications from the party itself that appointed those magistrates, within the framework of a perverse politicization of that court of guarantees.

One of the most serious effects of the PSOE assault on the institutions

From a legal point of view, it is scandalous that the Constitutional Court ignores its own jurisprudence to conform to the wishes of the Socialist Party (PSOE), completely failing to protect the right to life in its first months of existence and thus violating the duty to protect human life established in Article 15 of the Constitution. What credibility and what authority can a court have that betrays the Constitution that it has been charged with protecting? We are facing one of the most serious effects of the PSOE assault on democratic institutions, because this assault implies the elimination of tens of thousands of human lives in Spain every year.

A sad and alarming moment for our democracy

With their assault on democratic institutions, the socialists have turned the guarantee court into a simple parody of Justice. We are, of course, facing a sad and alarming moment for our democracy. If the court in charge of protecting our fundamental rights dares to trample on the Constitution and its own jurisprudence to please the PSOE, we must assume that this same TC will be willing to undermine any other fundamental right at the service of the socialists, since all human rights are subordinated to the most basic, which is the right to life. If this one is unprotected, all the others are automatically threatened. With a TC turned into a defender of the abuses of political power, we can already expect anything.

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Photo: Tribunal Constitucional.