The false constitutional court of Spain and the absurdities it could approve

@ElentirENG ES 6·18·2024 · 17:52 0

The Constitutional Court (TC) of Spain is in the news again today for another scandalous decision taken at the dictate of Pedro Sánchez's government.

Abortion: the Constitutional Court of Spain misrepresents the Spanish Constitution
Abortion: the Spanish Constitutional Court skips its own jurisprudence to please the socialists

This time, the TC has decided to allow underage girls to have abortions without their parents' consent. Thus a curious paradox arises: in Spain a minor girl cannot consume alcohol, drive, vote or work, nor can she open a checking account in a bank without permission from her parents, but you can kill your unborn child without even telling your family.

This legal aberration is the consequence of another even greater aberration: the decision of the TC to recognize abortion as a "right" inventing something that the Constitution does not say and violating its own jurisprudence. A decision made a year ago that demonstrated the degree of perversion of an institution controlled by the socialists thanks to an infamous transfer from the Popular Party, one more of those that that party has done and they have turned a large part of our institutions into mere branches of the PSOE.

Today, the false constitutional court of Spain is just that: a branch of the Socialist Party. A branch that in a year and a half, the time it has been under the majority of the left, has already shown itself willing to ratify any atrocity that Pedro Sánchez's government does and to overthrow anything that the opposition does, regardless of the legal arguments or what the Constitution says. If this fake TC is capable of blessing the murder of unborn children, then he is capable of anything.

Of course, among the things that this false TC will approve is the aberrant amnesty law, with which Sánchez has granted criminal privileges openly contrary to the Constitution (they violate the right to equality protected by its Article 14 ) through a general pardon that the Constitution expressly prohibits in its Article 62. The law has been promoted by the socialist government and that is enough for this false TC to protect that norm, whatever the Constitution says.

The TC was created to guard against abuses of power and violations of the Constitution in Spain, but right now we have a TC controlled by the government and that obediently follows its dictates, a TC whose purpose no longer exists. It is to protect the Spanish people against the abuses of political power, but to bless those abuses when they are committed by the socialist government. If tomorrow Sánchez decided to close critical media outlets or outlaw an opposition party, violating fundamental rights protected by the Constitution and turning Spain into a de facto dictatorship, what hope would we have of obtain the protection of a TC that has already said that murdering the most innocent and defenseless is something legitimate?

Likewise, if tomorrow the left decided to legalize infanticide (in case it seems like a crazy possibility to anyone, let's remember that five years ago the left blocked a law against infanticide in the US Senate which intended to provide protection to the thousands of children who survive an abortion every year in that country), does anyone seriously believe that the TC would reject it, after having approved the abortion? What essential difference is there between killing a human being in the womb and killing him outside of it? It is the same human being, with the same genetic identity. A court that approves the murder of innocent people opens the door to any other atrocity.

Obviously, what is happening with the TC in Spain has a solution, but it will not be easy. The Constitution needs a reform to avoid this concentration of political power that closely resembles that of a dictatorship. This reform must imply improvements so that Justice is truly independent and that political power does not have no intervention in the appointment of judges or in the composition of the TC. Today, there is only one party that defends a model like this: Vox. No matter how much the Popular Party says now, what we are experiencing in Spain is the result of an obscene distribution of power between the PSOE and the PP, a distribution that has degraded our democracy and has perverted institutions like the TC, turning them into mere transmission belts of political power.

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Photo: Efe.