The Constitutional Court will study the impact of the new abortion law on the one appealed by the PP

It is expected that the new paper will go to plenary session after Easter

MADRID, 8 Mar. (EUROPA PRESS) -

The Constitutional Court (TC) will study how the new abortion law, approved last February, may affect the voluntary interruption of pregnancy law of 2010, to resolve the appeal filed by the PP against the latter, still pending the court guarantees issued a sentence, although the progressive majority already endorsed the norm by rejecting a paper that questioned the constitutionality of some articles.

According to legal sources consulted by Europa Press, the new paper will analyze the impact of organic law 1/2023 --of February 28-- on 2/2010, which modifies, but without delving into a review of the latest regulation, given which is not the one challenged by the PP.

The sources indicate that 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.

It should be remembered that the abortion law promoted by the Government of José Luis Rodríguez Zapatero led to the implementation in Spain of the system of deadlines that governs the European environment.

It also eliminated parental consent in cases of abortions for minors under 16 and 17 years of age, but that article was repealed in 2015 by the Executive of Mariano Rajoy, with which the 'popular' resource would have lost its purpose at this point.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

Last month, the new progressive majority (7 magistrates compared to 4) rejected the paper written by Enrique Arnaldo, which proposed supporting practically the entire 2010 law, except for article 17, considering that the way of informing women -- via a sealed envelope--does not sufficiently guarantee that you give informed consent to the voluntary termination of pregnancy.

After that, Arnaldo declined to write a new paper that reflects the majority sentiment, so the president of the TC, Cándido Conde-Pumpido, entrusted this task to the vice president of the Constitutional Court, Inmaculada Montalbán.

It is expected that the proposal drafted by Montalbán includes a gender perspective that focuses on the well-being of women, based on the right to decide on their maternity, which will mean a novel approach compared to the paper prepared by Arnaldo, which revolved around the rights of the unborn or 'nasciturus', according to the aforementioned sources.

Initially, the new draft of the ruling on the abortion law was scheduled to be released in March, but sources suggest that it will most likely go to plenary session after Easter.