The report considers the amnesty unconstitutional because it violates the separation of powers and the principle of equality. The decision was adopted with nine votes in favor (conservative sector), five against (progressive sector) and two blank votes (President Vicente Guilarte and member Enrique Lucas).
The plenary meeting of General Council for the Judiciary (CGPJ) approved this Thursday sharp report against the amnesty lawsponsored by the conservative sector and rejected en bloc by the progressive members, who label the standard as “unconstitutional” and warns about this breaks the separation of powers.
Legal sources have explained that member Wenceslao Olea’s proposal prevailed over that of his partner Mar Cabrejas, something that was predictable given the conservative majority of the governing body of the judges, so that the report will be sent to the Senate, the Chamber that requested the CGPJ’s advice.
Nine members voted in favor of the proposal Wenceslao Olea for the five That They supported Mar Cabrejas. President Vicente Guilarte and member Enrique Lucas voted blank.
The conservative Olea’s proposal, which was approved unchanged, warns of the unconstitutionality of the rule by stating that “neither the doctrine of the Constitutional Court nor the case law of the Supreme Court allows us to conclude that the amnesty is recognized in our law . .”
He criticizes the ‘flawed legal technique’ and the ‘arbitrary’ parliamentary processing of it, believes that there is no public interest and that the law ‘undermines the right to equality among citizens’, while he understands that ‘the text violates powers’. “It is not permissible that the legislature can annul the decisions of the courts,” except in cases expressly authorized by the Constitution, as is the case with specific pardons agreed to by the executive.
In addition, she advocates excluding all terrorist crimes from the amnesty and warns that annulling a European arrest warrant may be contrary to EU law.
Source: EITB
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