The TC will debate a new report on the amnesty that points to Marchena and Llarena

MadridWith Carles Puigdemont's return closer than ever, one of the questions still hovering over this scenario is which text from the Constitutional Court will open the door for the former president of the Generalitat to enter the State. The countdown is already underway for the TC to press the button so that the Supreme Court must rectify and apply the total amnesty to the independence leaders –that is, to also apply it to the crime of embezzlement–, and it has a key date marked on the calendar. Tuesday, October 6. That day, two proposals from two magistrates from opposing blocs will arrive at the plenary session of the Constitutional Court, which will propose applying this amnesty. One, from the president of the TC, the progressive Cándido Conde-Pumpido, which is the one most likely to be chosen, and another from the conservative magistrate José María Macías, with fewer options, but which will also be debated in the plenary session.This Thursday, the draft that Macías will bring to this meeting has emerged; he is the one in charge of drafting the proposed ruling on the appeal by Junts member Jordi Turull. Macías presented a first version that rejected this total amnesty, but the progressive majority struck it down this week and Macías has created a new version that advocates for applying it, even though it goes against his own judgment, which he will express by filing a dissenting opinion that will indeed reflect his personal view. "Having what one did not have implies a benefit", argued the conservative rapporteur initially, in a resolution that defended that the Supreme Court's decision not to amnesty embezzlement is not "the result of alleged animosity".

Now Macías has drafted another version of the facts, to which ARA has had access, which goes in a direction contrary to the one he had initially brought and which proposes, in agreement with the criteria of the progressive magistrates, that the Supreme Court "strayed from the purpose of the law" with the interpretation that embezzlement could not be amnestied. That is to say, it points to the Supreme Court magistrates. Among them, Manuel Marchena and Pablo Llarena. "They wanted to make the law say what it does not say nor did it expressly want to say," says the new text, which speaks of a "manifest lack of harmony" with the will of the legislators. However, it is foreseeable that Conde-Pumpido's text will be even more forceful and, therefore, will be the one that ends up prevailing on October 6th in the Constitutional Court. This proposal will be the one that opens the door to the definitive application of the amnesty to the leaders of the 'Procés' and the return of Puigdemont.