Constitutional adjustments to the regulation on access to widow's pension by cohabiting partner in law 40/2007

Abstract

The Spanish Constitutional Court has recently reviewed some controversial aspects contained in the regulation on access to the widow's pension by surviving partners introduced by Law 40/2007, which entered into force the first of January 2008, responding to various questions of constitutionality raised by different courts. This essay analyzes the constitutionality of several requirements such as registration of the partnership, the existence of children in common, the absence of marriage or forwarding the rule makes regional legislation to regulate the accreditation and consideration of cohabiting partners in order to enjoy the widow's pension.