Keys to the presentation of the Constitutional Court on the Law of Amnesty

The criminal design drawn up by the vice president of the Constitutional court (TC), De Magistraat Immaculate Montalbánto respond to UNRANDSTITUATION APPAL presented by the PPAgree the amnesty law in the essential when “the legislator can do everything that the Constitution does not implicit or explicitly forbid.”

The presentation part by analyzing the main reason for the challenge of the ‘popular’, for which the law is unconstitutional because the amnesty “would require explicit authorization” of the Magna Carta General graceSo they understood that according to analogy it must be concluded that the amnesty was not possible.

However, Montalbán argues that “the legislator can do everything that does not explicit or implicitly prohibit the Constitution.” And about the latter, explain that Amnesty and Pardon are “different settings”So “the unconstitution of an amnesty law cannot be based on the ban on general grace.”

Likewise, the VICE president of the TC responds to the PP, with regard to the true motivation of the amnesty law, that “the law, as a legal act and when the provisions of the Constitution respects, is free in terms of its end, which is determined according to criteria of political opportunities.”

The presentation is entitled to the PP on three points

The presentation, from 191 pages, gives the reason to the PP, but only on three specific points, which explains the constitution of the rest of the amnesty law, that is, the essential.

Firstly, the proposed ruling is of the opinion that the law violates the principle of equality Because in you Article 1 Amnesty “committed the actions with the intention of claiming, promoting or searching the separation or independence of Catalonia The actions that are contrary to the ‘processes’. To correct it, the presentation proposes to record the last.

Moreover, the Temporary frame Disputes, ranging from November 1, 2011 and November 13, 2023, but adds that “those whose execution ends after that date” will also be amnestized. “Montalban rejects this future projection, so Limit the application until November 13, 2023.

Finally, it imposes a concrete interpretation of the Article 13.2 Of the amnesty law, which forces the prosecution to listen to the affected public entities to request the file of the causes in the Court of Accounts (TCU), so that it also includes the rest of the parties in that earlier hearing.

It is not pronounced about embezzlement

From the letter written by Montalbán it also emphasizes that he is silent in relation to the crime of embezzlement. It is therefore likely that it will wait for the amparo resources of the independence leaders themselves, so that the TC is pronounced this extreme.

This point is of fundamental importance because the interpretation of the Supreme Court (TS) of the crime of embezzlement and the influence on the financial and economic interests of the EU in the processes is what the Amnesty has prevented from fully applying the amnesty to the expressor Carles Puigdemont.

According to legal sources, even with a law that is declared constitutionally, it will be arrested against Puigdemont and former Catalan counselors Toni Comín and Lluis Puig, as well as the punishments of Diskalification of Junqueras and the others convicted by the processes, which reached until 2031.

Another filtration of Spanish justice

The presentation written by Montalbán was distributed this Monday among the magistrates -in a closed envelope with A seal that says: ‘confidential’– so that they can study it for the plenary meeting that will start June 10 And that will serve for the Vice President of the TC to expose her to her classmates. However, the deliberations will not take place until the next plenary June 24When the malfunction is planned.