The General Council of the Judiciary (CGPJ) advises the Government that the application of the future family law, which the Council of Ministers has approved this Tuesday in second reading and has sent to Parliament “exceeds the constitutional framework and creates confusion, insecurity legal and inequality. This is stated in the draft report that the members will analyze in plenary session next Thursday. Although the conclusions of the report are not binding on the Government, the approval of the opinion is a mandatory procedure.
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For the speakers, the concept of family that “inspires” the bill deserves “positive consideration” because it conforms to the doctrine of the Supreme Court, the Constitutional Court and the European Court of Human Rights (ECHR) “to the extent that it is contemplated on the basis of parental ties or cohabitation”. However, he remarks that it contains a regulation “at least confusing in terms of the concepts of family unity and family,” reports Efe.
The report proposal recognizes that the Constitution is based on “a broad concept” of family, although it criticizes “the fragmentation that the law carries out when detailing the cases included in its scope of application” since it provides for different types of protection in function of different assumptions. He even warns that there may be “cases of overlapping of two or more categories” of family, to which is added the equalization of single people, “without explaining the reasons.”
“The projected norm exceeds the constitutional framework and creates confusion, legal uncertainty and inequality among the recipients of the protection measures included in the draft,” highlights the report, written by the members Juan Martínez Moya and Pilar Sepúlveda. Among the 20 types of families that the CGPJ counts in the law are single-parent or single-parent families, young (formed by children under 29 years of age and their children), LGTBI, reconstituted, resident in rural areas, intercultural, transnational, immigrant or couples. in fact.
On the other hand, the CGPJ report appreciates that the bill includes the best interest of the child “not only as one of the fundamental values of family support policies”, but throughout the articles in relation to certain situations that are regulate. It also applauds that the legislator establishes “the comprehensive protection of the family model provided for in the Constitution and in the regulations of International Law” among the aims and objectives of the law.
However, the CGPJ warns that the draft contains “a large part of its articles of a programmatic nature, some of which are reduced to merely descriptive normative statements, without proper legal content.” And in other cases, he details, the headings are limited “to reproducing in their propositions powers or rights that are already recognized in other regulations.”
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