The Plenary of the Constitutional Court has rejected this Thursday in its entirety the appeal filed by Vox against the current Education Law, also known as the Celaá Law. The proposal of the rapporteur Ricardo Enríquez, which sought to annul two of the most controversial aspects of the Law -the one related to the exclusion of all public financing of schools that separate by sex and on the new regulation of special education schools-, did not It has had the endorsement of the majority of magistrates.
This magistrate proposed declaring the denial of public aid to private educational centers with differentiated education based on sex unconstitutional, considering that the Magna Carta prevents excluding those schools from receiving public financing "for that sole circumstance."
In the case of special education, Enríquez assured that the State is obliged to assess the circumstances of the specific case of the child and give the most appropriate response to the specific needs of each student, without automatisms.
Legal sources consulted by EL MUNDO explain that each magistrate has made a presentation at the meeting on this paper and that, although it has not been formally voted on, it has been seen that the text of the conservative Enríquez did not have the support of the majority of the Plenary (the only magistrate who has not participated in the deliberation is the former Minister of Justice Juan Carlos Campo who decided to abstain because he was part of the Government of Pedro Sánchez when the Lomloe was approved).
The only magistrates who supported the debated paper were the conservatives Enrique Arnaldo, Concepción Espejel and César Tolosa, that is, the minority sector of the guarantee court.
Consequently, the Plenary has agreed by a majority to dismiss the appeal filed by 50 deputies from the Vox parliamentary group, not appreciating any claim of unconstitutionality in the Law.
According to legal sources, the conservative magistrate Enríquez will maintain the presentation although he will have to draft a new sentence assuming the criteria of the majority of magistrates. This new text will be brought back to plenary in the coming weeks.
According to the criteria of The Trust Project