The Spanish government appeals to the Constitutional Court the 'national priority' of PP and Vox in the Valencian Community

ValenciaThis was announced in July by the minister of the government of Spain and socialist candidate to preside over the Council, Diana Morant, and this Tuesday the state executive has fulfilled its threat and has filed an appeal of unconstitutionality against the budget accompaniment law of the Generalitat Valenciana for including the criterion of national priority in the granting of social aid, calling into question the right to abortion or questioning the equality of LGBTIQ+ people.

Given the usual catch-all nature of accompaniment laws, the appeal affects up to 20 of the 200 articles of the regulation. One of the most prominent is the one that establishes that in the promotion of housing in small municipalities a "national priority" be applied and that there be a "priority allocation of public resources to those who maintain a real, lasting and verifiable connection" to the Valencian Country. This criterion, which also conditions the granting of other social aid, according to the state executive violates article 14 of the Constitution which establishes that citizens "are equal before the law, without any discrimination for reasons of birth, race, sex, religion, opinion or any other personal or social condition or circumstance."

Similarly, the Spanish government has challenged the regulation on equality in the educational sphere, understanding that it replaces the mandatory nature of promoting non-discrimination for LGBTIQ+ people in educational centers with a voluntary option. The state executive also believes it is illegal to order the Generalitat to guarantee and protect the right to life of the unborn when there is a risk or threat, because it may "restrict or hinder the exercise of the right to voluntary termination of pregnancy." Furthermore, the burqa ban is being challenged for establishing the obligation to keep the face uncovered in public transport, hospitals, or schools, given that the Spanish government believes it infringes upon state competence and Article 14 of the Constitution due to its deterrent and discriminatory effect.

The fact that the Council of Ministers approved the appeal less than three weeks before the state elections opens the door to interpreting whether the PSOE and Sumar wanted to contrast their model with that of the PP and Vox, taking advantage of the fact that the Valencian Parliament was the first to establish the national priority in a regulation. Until then, the formula was only provided for in government agreements reached in Aragon, Extremadura, Castile and Leon, and Andalusia, but it had not been included in any specific law.