Monday, March 4, 2024

Conservative fight against amnesty law: “Bias issues will rain” | Spain

The Popular Party is facing the processing of the proposed amnesty law for the accused in the Catalan independence process focusing on the Court of Justice of the European Union (CJEU). He placed his hope in that body to reduce the legislative initiative, based on the statements of legal experts that the PP listened to in the past weeks.

Three former Constitutional judges elected at the time by the PP—Francisco Pérez de los Cobos (former president of the Court), Jorge Rodríguez Zapata, and Andrés Ollero—did not trust the constitutionality issues that the various courts, who must use the future amnesty law, can be transferred to the Constitutional Court.

However, the three consider that the preliminary rulings presented by various Spanish judges before the Court of Justice of the EU have a high chance of success: “I believe that there will be a rain of preliminary rulings by Spanish judges, who are European. and They will understand that it is European law that has been violated. The Constitutional Court was wise enough to establish its doctrine that when a Spanish judge is faced with a rule that he believes violates European law, but also violates the Constitution, he must first address Luxembourg in a preliminary judgment and then raise a question. of unconstitutionality,” said Ollero.

Legal experts advising the PP consider that the CJEU will not admit that the future amnesty law allows the pardon of those accused of terrorism who have not yet been given a sentence, as established in the proposed law to begin to travel next. Tuesday. Congress. Sources close to some of the judges who have to apply the ruling consider it more likely that preliminary decisions will be submitted to the CJEU.

Legal experts consulted by the PP consider that “the only horizon is war,” and confirm the PP’s strategy against the amnesty law. “We have the right to resist, to defend our democracy in all the ways we can, through popular demonstrations, boycotts, by disobeying the laws, while others don’t obey the laws, that’s the way, ” said former conservative magistrate Jorge Rodríguez Zapata.

The conservative judges asked the PP to draft with special care the appeal of unconstitutionality against the amnesty law and mark the aspects that they consider to be inappropriate in future behavior.

Equality before the Law. “The principle of equality is violated. A Law cannot decide that certain people or groups are declared immune from the law for the unlawful conduct they have committed,” said Pérez de los Cobos.

The forbidden is forbidden. The rejection of the two 1977 amendments proposed including in the Constitution the possibility of the parliament agreeing to amnesties led the judges consulted by the PP to determine that it was not possible to legislate on this matter. “Those who say that they can make an amnesty because the Constitution does not prohibit it are wrong. In the private area, what is not prohibited may be allowed, but in the public area, for the power of doing something it should be included in the routine,” said Ollero.

Against the unification of Spain. “The amnesty has an obvious contradiction with article 2 (“the Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards”), by considering the process of independence as a sacred purpose,” explained Pérez. of the Cobos.

Terrorism cases cannot be amnesty. The experts consulted by the PP understand that the future amnesty law will not benefit those accused of terrorism crimes, even if they have not been tried because that violates the law of the European Union. There are two judicial processes for terrorism linked to the independence process: the case of the Committees for the Defense of the Republic (CDR) and the Democratic Tsunami. “Respect European law about accusations of terrorism. There are many control possibilities, contrary to European law,” said Rodríguez Zapata.

Invasion of Legislative Power in the field of Judicial Power. “Article 117.3 was violated regarding the reservation of jurisdiction in favor of the courts,” explained Pérez de los Cobos.

“The exercise of the power of jurisdiction in all types of process, judgment, and execution of what is judged, corresponds to the courts and tribunals determined by the laws, according to the rules of jurisdiction and procedure established by them,” the Constitution saying.

The former judge of the Constitutional Court Ollero added: “The Judiciary is legitimized because in the amnesty there is no crime, it is said that what is considered a crime is a mistake or a judicial prevarication, what you have is a judicial violation . “

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