Politics 12/04/2021

Independentism asks the buerau of the Spanish Parliament to reconsider its rejection of the amnesty law

ERC, JxCat, PDECat and CUP consider that PSOE, PP and Vox's veto "violates" the right to freedom of expression

2 min
Representatives of pro-independence parties, Òmnium Cultural and the platform Amnistia y Libertad, at the gates of Congress
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MadridAfter the amnesty law did not even get to be debated in the Spanish Parliament after being thrown out by the bureau, the independentism is again trying to convince the socialists to agree to debate the proposal. This Monday ERC, Junts per Catalunya, PDECat and CUP appealed the bureau's rejection of the law. They consider, after having requested the corresponding reports from lawyers, that the PSOE, PP and Vox's veto "violates" the right to freedom of expression, as well as constituting "an ideological discrimination" of chamber MPs.

Specifically, independence makes five considerations to the bureau. First, they recall that "the institution of amnesty is different from the pardon", since the first has to be processed legislatively and the second is in the power of the Spanish government and is applied individually. Secondly, that "the Constitution does not prohibit amnesty in any section and, in fact, the 1977 Constitution remains in force". They point out that the Constitution rightly states that any law prior to 1978 that is considered unconstitutional will be repealed, which did not happen with the amnesty law. In this sense, they recall by the jurisprudence of the Supreme Court of 2012 that the 1977 norm is considered a "law in force and that the fact of repealing it would correspond exclusively to the Parliament".

Reference to other debates

Thirdly, the appeal replies to the lawyers of the chamber that the amnesty law cannot be considered a general pardon. General pardons are forbidden by the Constitution because they would mean giving power to the king to grant them, but the pro-independence groups point out that the Constitution in no case states that Parliament cannot regulate amnesty. In fact, they refer again to the jurisprudence of the Supreme Court of 2012 that states that it can be done. Finally, the appeal points out that up to twice the Parliamentary bureau has allowed to speak of the amnesty laws from the tribune of Congress, through requests from IU and the BNG. "Alleging now that the situation of the amnesty is unconstitutional would be a situation of comparative grievance," they add.

Now it remains to be seen whether the bureau will study the appeal filed by ERC, Junts per Catalunya, the CUP and PDECat tomorrow or next week. But the Socialists have already warned that they would not change their mind in this regard. On the table is the response to the pardon and the reform of the crime of sedition, which has not yet been discussed by the cabinet despite repeated promises by the Minister of Justice. The pardon is in the hands of the Supreme Court, right now, which has to dictate the official report after the State Attorney's Office avoided getting involved. The Madrid elections on May 4 have upset the timetable devised by the Moncloa and further lengthened the deadlines for the presentation of the reform of the Penal Code.

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