The Constitutional Court (TC) has suspended a law of the Community of Madrid that imposed the obligation to obtain judicial authorization to apply euthanasia to people with disabilities under guardianship, suspending this provision on a precautionary basis until the merits of the matter are resolved, according to informed the guarantee court.
The Constitutional Court has admitted for processing the appeal presented by the Government against the Executive of Pedro Sánchez challenged the second additional provision of the Law of the Autonomous Community of Madrid 1/2023, of February 15, on the creation of the Madrid Agency for Support to Adults with Disabilities and carried out by the government team chaired by Isabel Díaz Ayuso.
Said precept establishes that "when it is intended to carry out any action that affects the right to life of the person with disabilities who has been provided with support of a representative nature for the exercise of legal capacity or is expressly determined In the resolution that established the support, a voluntary jurisdiction procedure will be processed for the request for judicial authorization".
On May 9, the Government spokesperson and Minister of Territorial Policy, Isabel Rodríguez, explained at a press conference that the Executive would appeal the aforementioned provision, considering that it cuts the right to euthanasia of people with disabilities under the guardianship of the Community of Madrid invading "exclusive powers and coordination that correspond to the State."
The Government alleges that it could violate the powers of the State on civil and procedural legislation by establishing requirements for the exercise of legal capacity of persons with disabilities that are not contemplated by these laws.
Likewise, it maintains that it could violate the reserve of the organic law by regulating additional and different requirements to those provided for in the euthanasia law --which was already endorsed by the TC--, as well as the principle of legal certainty.
The guarantee court has explained that, in addition to admitting the challenge, it has agreed to suspend the application of this provision because Moncloa requested it by invoking article 161.2 of the Constitution, which contemplates "the suspension of the appealed provision or resolution". , although the TC will have to ratify it or lift it in five months.
