Spain: Is the right to abortion in danger?

The establishment of the Spanish State would be made up of the financial-business, political, judicial, military, Catholic hierarchy, university and mass media elites of the Spanish State, natural heirs to the legacy of General Franco who would have engulfed all spheres of decision (according to reading the book “Financial oligarchy and political power in Spain” written by former banker Manuel Puerto Ducet). These pressure lobbies would be interconnected through “a restless alliance based on their community of economic interests and amalgamated by the staunch defense of the Regime of 1978 and the “indissoluble unity of Spain” and their declared objective would be to implement in Spain a “democracy not liberal” following in the footsteps of Orbán’s Hungary.

In this context, the campaign launched by the PP and Vox (Operation Toga) would be framed and would have the acquiescence of the Supreme Court, the Court of Auditors and the Constitutional Court to provoke the legislative and executive paralysis of the current progressive majority and force the calling of new General Elections with the hope of achieving an absolute majority and implementing a non-liberal democracy that will drink from the sources of Bonapartist centralism and the paternalism of soft dictatorships and will be endowed with the triple late-Francoist enzyme (maintenance of the indissoluble unity of Spain, strict control of immigration and return to the unique heteropatriarchal thought).

The late-Francoist judicial lobby would have engulfed the main judicial bodies of the Spanish State (CGPJ, Supreme Court, Court of Accounts and the Constitutional Court) and despite being in office since 2018, the PP refuses to renew the judicial leadership by continuing to hold the majority in these Courts. The judicial late Francoism would have the Supreme Court as a retaining wall for the decree-laws approved by the “progressive roller” of Congress; its President Carlos Lesmes as a croupier in the roulette wheel for the adjudication of charges and judicial processes; the judges Marchena, Lamela and Llarena as their media stars and the prosecutors of the “clan of the indomitable” as their selfless pawns. Likewise, the Supreme Court would be controlled by the so-called “clan of politicians” in the words of the former President of the Court of Justice, Ramón Trillo, and would have become a true lobby or pressure group of the late Francoist right that, through controversial judicial decisions, will try to paralyze or reverse the political or economic decisions of the Sánchez Government.

Thus, after the macro-trial of the leaders of the Procés and their subsequent imprisonment, we witnessed the attempt to stop the granting of pardons to the leaders of the Procés through a report by the so-called “indomitable clan” of the Supreme Prosecutor’s Office in which warned the Government that “the Constitution prohibits general pardons”. Failing the attempt to paralyze the granting of these pardons, it is the turn of the second leg of the late-Francoist judicial tripod, the Court of Auditors, which demands from these Catalan leaders a whopping 5.4 million Euros for alleged undue expenses in the foreign action of the Govern in the period between 2011 and 2017.

Said involutionist judicial offensive would seek to convert the Spanish State into a failed State, entrenched and subject to the dictates of the late Franco regime, with a Constitutional Court that became the new retaining wall for the legislative work of Parliament as well as the supreme auditor of the Executive’s management and whose last intervention was to declare unconstitutional the Declaration of the State of Alarm implemented by the Sánchez Government in March 2020 with a meager majority of 6 to 5. In the paroxysm of the judicial offensive, the Supreme Court enters the scene again, with a spectacular caper undoes himself and will come to assess the supposed legality of the pardons granted by the Government to the imprisoned procés leaders, which would mean distorting the traditional separation of Powers in a formal democracy by usurping the TC and the Supreme the work of the Executive as well as assuming control by the Parliament of the management of the Government that it would henceforth be subject to the discretion of the conservative majority of said Courts.

Finally, in the event that the PP and Vox achieve an absolute majority in the 2023 General Elections, following in the footsteps of the US Supreme Court, we could witness the repeal by the Constitutional Court of the current Zapatero Abortion Law and that would be the beginning of an involutionist drift that could end up burying all the progressive laws on civil rights in the Spanish State, such as the validity of same-sex marriage, with which it seems urgent to renew the outdated judicial leadership controlled by the late-Franco judicial lobby

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Germán Gorráiz López

Germán Gorráiz López is a political analyst writing on economic and geopolitical issues. His articles appear in a number of publications in Europe and the United States.

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