The TC plans to shield itself from challenges that threaten the 'quorum' to resolve the abortion appeal

Espejel chooses to abstain in the absence of the Plenary to endorse it and review the other three challenges

MADRID, 31 Ene. (EUROPA PRESS) -

The Constitutional Court (TC) plans to shield itself from the challenges launched by former PP deputies against four of the eleven magistrates that make up the court of guarantees, and that threaten the 'quorum' to resolve the appeal filed by the 'popular' against the abortion law approved in 2010 during the José Luis Rodríguez Zapatero government.

Legal sources assure Europa Press that the court of guarantees is already preparing for the plenary session scheduled for next week, in which the paper will be debated -by the magistrate of the conservative wing Enrique Arnaldo- on the appeal of the Popular Parliamentary Group .

The debate was threatened by the challenges that 5 of the 71 "popular" deputies who in their day signed the unconstitutional appeal, including former minister Federico Trillo, have formulated against four magistrates -- the president of the TC, Cándido Conde-Pumpido , and Juan Carlos Campo, Inmaculada Montalbán and Concepción Espejel-- in relation to this matter.

In relation to Conde-Pumpido, the former parliamentarians allege that "he was the State Attorney General and participated in the deliberations of the Fiscal Council that reported on the preliminary draft of the organic law that is the subject of this appeal and an opinion was formed on it to the point of sign an alternative report to the one issued by the Fiscal Council due to disagreement with the latter".

Regarding Campo, the letter - to which Europa Press has had access - argues that "he was Secretary of State for Justice during the years 2009 to 2011 and, therefore, a member of the government structure from which the initiative of the draft that gave rise to the Organic Law 2/2010 appealed today".

Finally, as regards Montalbán and Espejel, the appellants argue that they were members of the General Council of the Judiciary (CGPJ) when the abortion law was processed and, consequently, "they participated in the preparation and voting of the report of that body on the aforementioned draft".

If these four magistrates were separated --voluntarily or by decision of the Plenary-- the Constitutional Court would be left without the at least 8 magistrates that are needed to resolve validly, since right now the court is made up of 11 magistrates.

Both Conde-Pumpido and Campo and Montalbán have refused to abstain, but Espejel has chosen to withdraw, in a decision that must be endorsed by the Plenary, according to the aforementioned sources.

From the TC it is considered that with this initiative of 5 of the 71 appellants the impartiality of these four magistrates has not been questioned, for which reason the sources advance that the court of guarantees will apply its repeated doctrine to maintain its jurisdiction avoiding the lack of 'quorum'.

Thus, the sources are sure that the 'popular' appeal against the abortion law will be addressed in plenary session called for next week, based on Arnaldo's presentation.

While waiting to be able to study it, the sources affirm that the majority feeling in the TC is committed to fully endorsing the abortion law, without any exceptions, which could lead to a change of speaker. If necessary, Arnaldo could adjust his draft to what was stated by the Plenary or directly resign from the paper. The president could also remove him from the matter to entrust it to another magistrate.

Legal sources confirm to Europa Press that Arnaldo's proposal endorses practically the entire abortion law, raising only its unconstitutionality with respect to article 17, which speaks of "information prior to the consent of the voluntary interruption of pregnancy", when considering that it does not sufficiently guarantee that there is informed consent.

In addition, the paper focuses on two issues that it considers constitutional as long as they are interpreted as proposed. It is about therapeutic abortion, to limit that the concept of health only refers to physical or mental health; and the conscientious objection of health professionals, so that it covers all those involved in the actions before or after the intervention.

The sources also specify that Arnaldo's presentation is silent on the issue of parental consent in cases of abortions for minors under 16 and 17 years of age because, although it was one of the contested precepts, the Government of Mariano Rajoy repealed it in 2015, with so the 'popular' resource would have lost its object at this point.

However, the TC sees a possible conflict over this same matter, since the new abortion law --still in parliamentary proceedings-- allows minors of that age to abort without the need for parental consent.