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 challenges that threaten the 'quorum' to resolve the appeal filed by the PP against the abortion law approved in 2010 during the José Luis Rodríguez Zapatero government.

Legal sources confirm to Europa Press that the guarantee court 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, according to said sources, have been launched against four magistrates --the president of the Constitutional Court, Cándido Conde-Pumpido, and Juan Carlos Campo, Inmaculada Montalbán and Concepción Espejel-- in relation to this matter.

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, as reported to Europa Press, although Espejel has, whose decision must be endorsed by the Plenary.

Espejel was a member of the General Council of the Judiciary (CGPJ) when the governing body of judges drafted its report on the abortion law of the Government of Rodríguez Zapatero.

The sources indicate that none of the parties to the procedure, which are the only ones legally entitled to challenge, have questioned the impartiality of the magistrates, so they advance that the TC will apply its repeated doctrine to maintain its jurisdiction avoiding the lack of ' quorum'.

Thus, the aforementioned sources are sure that the 'popular' appeal against the abortion law will be addressed in plenary session convened 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.

It should be remembered that, after the partial renewal that took place on January 9, the Constitutional Court has a progressive majority of 7 magistrates compared to 4 from the conservative sector. If Espejel's abstention is approved, the minority bloc would be left with three magistrates.