Overview
- The Council of State’s dictamen finds no legal obstacle to adding a clause to Article 43 to recognize the right to voluntary termination of pregnancy, allowing the reform to advance.
- It warns the right does not find a “natural” fit in Article 43 and indicates that true constitutional entrenchment would point to Article 15, which requires the aggravated reform route.
- The opinion characterizes the Government’s emphasis on procedural ease as “political opportunity,” stressing that content should determine the reform path.
- The Council cites Constitutional Court jurisprudence upholding abortion laws to question claims that only a constitutional change can prevent future judicial reversals.
- The advice is consultative and non-binding, so the Executive can return the project to the Council of Ministers and then the Cortes, where a three‑fifths majority remains uncertain given PP opposition.