This is the second time that the Supreme Court has initiated the procedure to ask the TC about the amnesty. But unlike the previous occasion, the Supreme Court now argues the reasons why it considers it feasible to go to the Constitutional Court with harsh criticism of the law that may be “arbitrary”.
The Supreme Court has taken the first step in addressing a question of unconstitutionality crimes of public disorder and attacks on authority included in the amnesty law, because this could be “discriminatory” “violate the right to equality before the law”.
It’s about the second time that the Supreme Court initiates procedures to ask the Constitutional Court for amnesty, since it has already asked the parties involved in the proceedings about the penalty of the trial related to the crime of disobedience.
But unlike the previous occasion, the Supreme Court now argues the reasons why it considers it feasible to go to the Constitutional Court with sharp criticism of the law What can … be “random” and throw a “discriminatory treatment” according to the ideology of those convicted, in this case demonstrators for rioting during protests.
She did this by studying the application of the Amnesty Law in two pending appeals against decisions of Catalan courts. In one of the cases, two citizens were convicted of public disorder Gerona after the sentence of the process.
While in the other someone was convicted for protesting the same sentence, but in Barcelonainitially for assault and, after an appeal, for public disorder.
It has also been possible for the court to principle of legal certaintybecause “any future amnesty for new crimes committed under the impetus of the same ideology or another, as long as its proponents or adherents obtain sufficient parliamentary majorities for the approval of an organic law (…) would also be understood in accordance with the Constitution.”
Furthermore, he believes that the principle of exclusivity of jurisdiction proclaimed for the other powers of the state by not having, unlike the pardon, the amnesty with constitutional support that makes such interference possible.
Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
