A second report from congressional lawyers casts doubt on the constitutionality of the amnesty law

Congress’ lawyers consider in a second report Today it is known that the amnesty bill that the PSOE has registered in Congress and that the Chamber is considering could be unconstitutionaland point out that this must be expressed through the constitutional reform procedure.

The proposal has already been the subject of an initial evaluation by the team of the Secretary General of Congress and senior lawyer of the Cortes, Fernando Galindo. In that first study, doubts about the constitutionality were observed in the initiative agreed with the independentists, but which were not so ‘obvious’ that their processing was vetoed.

Now it is the lawyers of the Justice Committee, who together with the presidents of the PP were general secretaries of the House, who influence these doubts, “even excluding that their ultimate unconstitutionality is clear and obvious” and “underlining the fundamental consideration that they has if in your case the Supreme Court which rules on the law approved by the Cortes Generales”.

In one of the paragraphs, the lawyers point out that “it is appreciated lack of determination within the scope of the law, both with regard to the crimes amnesty as term in which they were committed.

They therefore emphasize that this indeterminacy could damage the principle of regulation legal certainty, and remember that the determination of assumptions and recipients must be particularly precise in individual laws.

They also draw attention in the article that refers to the numerous mentioned acts and actions for which amnesty is possible, warning especially about acts that would have consisted in the adoption of laws, “the jurisdiction of which does not correspond to authorities or public officials, but with parliamentary bodies.”