The amnesty law already has the approval of the literate congressional. The legal body of the Lower House has prepared a twenty-page report in which they support that the bill, agreed upon by the PSOE with CKD and Together, is qualified and considered admissible for processing. Thus, this Tuesday, the progressive majority of the Congressional Board will be able to accept the initiative with the endorsement of the jurists. He PPwhich this Monday demanded the recusal of the senior lawyer due to conflict of interest, has already announced that they will oppose it.
In the non-binding report, which Cadena Ser has advanced and whose conclusions it has had access to THE NEWSPAPERit is pointed out that the bill, registered alone by the socialists, “lacks formal defects that make it impossible to admit it for processing.” In addition, it is noted that among the functions of the Board is not to act as a first judicial instance.
The lawyers also refer to the amnesty law that ERC, TogetherPDECat and the CUP registered in 2021. Two years ago, the jurists of Congress indicated that their admission for processing was not appropriate “as it assumed the granting of a general pardon” that entered into “a parliamentary and obvious contradiction with the provisions of article 62 i) of the Constitution.” The PSOE, along with PP and Vox, relied on this annotation to prevent it from being debated. Now, the lawyers consider that the proposal agreed with the Catalan independentists “has elements that differentiate it” from that of two years ago and that, therefore, there are no elements contrary to that same constitutional precept.
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Not only do they consider that it does not conflict with that article, but the lawyers of Congress believe that if there were reasons for unconstitutionality it would be due to “a interpretation” of the Magna Carta applied to the figure of amnesty and not of “a direct reading” of it. In this sense, they point out that It is the job of the Constitutional Court do this analysis. They even go so far as to maintain that “there does not seem to be sufficient elements in the Constitution or constitutional jurisprudence to determine” whether the registered text contravenes the fundamental law.
Recusal Galindo
With this report in hand, PSOE and Sumar will accept this bill for processing. At the Board meeting, the PP will vote against. Furthermore, this Monday, the conservatives had registered a recusal letter so that the senior lawyer, Fernando Galindo, would not be part of the “technical proposal for the qualification of the organic amnesty law proposal” or the advice to the members of the Board. The popular ones consider that Galindo, elected at the beginning of the month by the president of Congress, Francina Armengol, is invalid to “issue a report in relation to it” having been part of the structure of the coalition government until last October 31 .