The Constitutional Court has endorsed by majority the Organic Law of Education (LOMLOE), known as the Celaá law, approved in 2019 and appealed by Vox in March 2021. The Court has agreed that the rapporteur magistrate draft a sentence that completely dismisses the appeal of the ultra-right and will thus give a complete green light to the law.
Vox filed an unconstitutionality appeal against the LOMLOE, since they considered that the education law “violates rights and freedoms protected by the Constitution” and “reverts State powers in education.” The main complaint was that the law discriminated against schools that segregated students by sex.
Judge Ricardo Enríquez, rapporteur to settle Vox’s appeal, proposed declaring the 2020 Organic Education Law constitutional, except for the articles that state that “centres supported partially or totally with public funds will develop the principle of coeducation in all educational stages ” and “the students will not be separated by their gender”; and that the administrations will guarantee adequate and balanced schooling for students with a specific need for educational support and will provide for the necessary measures “to avoid the segregation of students”.
This partial endorsement included the part of the law that states that “educational administrations will guarantee the right of students to receive education in Spanish and in the other co-official languages ??in their respective territories, in accordance with the Spanish Constitution, the statutes of autonomy and the applicable regulations”.
Now, after the rejection of his presentation by the Plenary, Enríquez has agreed to draft a new one that reflects the feelings of the new progressive majority of the TC (of seven magistrates compared to four), that is, to declare the constitutionality of the entire ‘Celaá law ‘. Once this second draft is made, he will have to take the TC exam again, something that is expected in the coming weeks.
This green light from the TC thus adds to the decision last Wednesday to approve the euthanasia law. Last Tuesday, the court admitted the unconstitutionality appeal filed by the Junta de Andalucía against the tax on large fortunes, but refused to suspend it in a precautionary manner, as the Government of Juanma Moreno intended.
