The TC rejects challenges from PP, Vox and Cs and shields its composition to resolve on penal reform or euthanasia

Endorses Campo's abstention in up to 14 issues, including the 'Celáa law'

MADRID, 21 Feb. (EUROPA PRESS) -

The Constitutional Court (TC) has rejected in its plenary session on Tuesday the challenges launched by PP, Vox or Ciudadanos against various magistrates, including Juan Carlos Campo and Laura Díez, in different matters, such as the penal reform that repealed sedition and it modified the embezzlement or the euthanasia law, thus shielding its composition to resolve those resources, although at the same time it has endorsed the abstention of the former Minister of Justice in 14 matters.

As reported by the TC, the Plenary has rejected the challenges formulated by PP and Ciudadanos against Campo and Díez in up to seven cases for presenting them after the deadline.

These challenges affected the euthanasia law; the legal reform that prevents an acting General Council of the Judiciary (CGPJ) from making discretionary appointments in the judicial leadership; the modification of the Workers' Statute "to guarantee the labor rights of people dedicated to delivery in the field of digital platforms"; the general budgets of 2021; or a decree law on urgent health, social and jurisdictional measures after the end of the state of alarm declared in October 2020.

They also sought to separate Campo y Díez from appeals against Organic Law 3/2020, of December 29, which modifies Organic Law 2/2006, of May 3, on Education or 'Celáa law'; and against the Catalan law that eliminates the 25% quota for Spanish in the classrooms of the autonomous community.

However, at the same time, he has accepted Campo's decision to withdraw from the study of the challenge of the 'Celáa law' because he was part of the Council of Ministers that approved it, on March 3, 2020. Along the same lines, it should be remembered that the TC has accepted in previous plenary sessions the abstention of Díez in 25%.

The Constitutional Court explains, with respect to these seven challenges, that the term to remove Campo and Díez, who took office on January 9, expired on the 23rd of that same month and that the writings of PP and Cs were presented later, on 31.

On the other hand, the TC has flatly rejected Vox's challenges against the president of the court, Cándido Conde-Pumpido, María Luisa Segoviano, Campo and Díez in the party's own appeal against the penal reform that repealed sedition and modified embezzlement .

In this case, the Plenary argues that processing this challenge would mean "an unacceptable stoppage of the functions of the Constitutional Court before which it must safeguard the exercise of its own jurisdiction."

Vox pointed to Campo because of his sentimental relationship with the president of the Congress of Deputies, Meritxell Batet, and his previous positions as Minister of Justice and Socialist deputy, considering that he could "have a direct or indirect interest" because it is a law "that his former colleagues from the parliamentary group have approved".

As for Díez, the party singled her out for having "participated directly or indirectly in the matter that is the subject of the lawsuit, due to her status as a high position in the Ministry of the Presidency and being a trusted staff of Minister Félix Bolaños."

Regarding Segoviano, he mentioned his statements "while he was an emeritus magistrate of the Supreme Court." Specifically, when she referred to self-determination in the following terms: "This is a very complex issue, extremely complex. It is a subject with many edges that must be studied."

Lastly, de Conde-Pumpido highlighted his "special ties to the government party" and for "having been a defender or representative of one of the parties or having intervened in a lawsuit as a prosecutor."

The TC has rejected another challenge directed against Campo in the PP's appeal against the decision of the Board of the Justice Commission of the Congress of Deputies of December 12, 2022 and the agreement of the president of the same one day after processing within of said penal reform the two amendments related to the election and arrival to the Constitution of the two candidates appointed by the CGPJ.

Regarding this, where Campo was asked to be separated due to her relationship with Batet, the Plenary responded that these were not resolutions issued by her, nor was a specific intervention of the same in the contested resolutions alleged in the recusal brief, explaining that one " generic referral" to the regulatory functions of coordination of the head of the Lower House is not enough.

However, the TC has ratified Campo's abstention on three issues -- the legal regime applicable to the appointment of the Board of Directors of the RTVE Corporation; urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation; and public security in matters of digital administration, public sector contracting and telecommunications-- due to his previous status as a socialist deputy.

It has also validated Campo's abstention in 11 other matters for having been Minister of Justice, including the 'Celáa law'; the comprehensive protection law for children and adolescents against violence; the decree-law on urgent measures in the energy field; or the minimum vital income.