Pedro Sánchez's government filed two appeals with the Constitutional Court on Friday concerning laws passed by the ruling coalition of the Popular Party and Vox in Valencia. The first concerns controversial amendments to the regional LGTBI law, which the central authorities argue weaken anti-discrimination protections and infringe on state powers. The second appeal targets amendments to coastal legislation that halt the demolition of illegal constructions in the coastal zone. The Valencian government vows to defend its regulations as consistent with regional autonomy.
Appeal Against the LGTBI Law
The central government has appealed the changes introduced by the right-wing coalition to the Valencian LGTBI law. The amendments removed mandatory content on sexual diversity from school curricula and modified the definition of the ban on so-called conversion therapies. Madrid argues this limits anti-discrimination protections and violates the constitutional principle of equality.
Dispute Over Coastal Management
The second appeal concerns the Valencian coastal law, referred to as the "anti-demolition law." It introduces a moratorium on executing demolition orders for buildings constructed in violation of regulations within the coastal zone. The government argues the region overstepped its powers by interfering in the management of the maritime-terrestrial public domain, which is the exclusive domain of the state.
Response of Regional Authorities
The government of the Valencian Community, led by President Carlos Mazón of the Popular Party, vows to defend the appealed laws. It maintains they fall within the region's autonomous framework and serve to protect the rights of citizens and property owners. The dispute is both legal and ideological, forming part of a broader conflict between the central government and communities governed by the right.
Procedure and Council of State Opinion
The decision to appeal both laws was made by the Council of Ministers after obtaining positive opinions from the Council of State, the government's highest advisory body. The procedure before the Constitutional Court may take months, and the ruling will be crucial for delineating powers between central authority and autonomous communities on social and environmental issues.
The Spanish government has taken decisive legal action against legislation passed by the right-wing coalition governing the Valencian Autonomous Community. On Friday, the Council of Ministers approved filing two appeals with the Constitutional Court. The first concerns amendments to the regional LGTBI law, and the second – amendments to coastal legislation. The decisions were preceded by positive opinions from the Council of State. The first of the challenged laws is the so-called Trans Law. Changes introduced by the Popular Party (PP) and Vox removed mandatory content on sexual and family diversity from school curricula. Furthermore, the amendments modify the scope of the ban on so-called conversion therapies. The central government, represented by Equality Minister Ana Redondo, claims these amendments "roll back anti-discrimination protections" and significantly weaken safeguards for LGBTQ+ individuals, particularly youth. It argues they violate the constitutional principle of equality and the state's competence in guaranteeing fundamental rights. The Spanish model of autonomous state, established by the 1978 constitution after the fall of Franco's dictatorship, divides legislative powers between central authorities and 17 autonomous communities. The boundaries of these competences are a frequent source of disputes, ultimately resolved by the Constitutional Court. These disputes often also have a strong ideological dimension, especially on social issues such as minority rights. The second appeal concerns the Valencian coastal law, colloquially called the "anti-demolition law." The new legislation suspends the execution of demolition orders for properties in the coastal zone that were built in violation of regulations. According to the Ministry for Ecological Transition, this could lead to the de facto legalization of illegal construction on protected coastal land. The central government believes the region overstepped its powers by interfering in the management of the maritime-terrestrial public domain, which according to the constitution is the exclusive domain of the state. Madrid argues this sets a dangerous precedent violating the rule of law. The government of the Valencian Community, led by President Carlos Mazón of the PP, rejects these accusations. It maintains that both laws fall within the region's autonomous powers and serve to protect the rights of citizens and property owners. Regarding the coastal law, regional authorities emphasize the need to find fair solutions for individuals who acquired properties in good faith. The legal dispute before the Constitutional Court, which could last many months, is another chapter in the ongoing political and constitutional conflict between Pedro Sánchez's central government and autonomous communities governed by the right-wing opposition.
Mentioned People
- Pedro Sánchez — Prime Minister of Spain, head of government, who approved the appeals.
- Ana Redondo — Equality Minister in the Spanish government, criticizing the changes to the LGTBI law.
- Carlos Mazón — President (head of government) of the Valencian Autonomous Community from the Popular Party, defending the appealed laws.