The magistrates of the Constitutional Court (TC) may examine the draft of the sentence on the Amnesty Law –What everything points out that it will endorse the lace of the controversial standard in the Magna Carta – from next Monday, so they will have three weeks until the presentation is debated in the plenary that will be held from June 24.
This is confirmed by sources from the Court of Guarantees, which indicate that it will be in the previous plenary, which will begin on June 10, in which it will be deliberate on the requests of the PP and the Senate, which, as have made three conservative magistrates – César Tolosa, Concepción Espejel and Enrique Arnaldo – claim the TC to paralyze the debate on the amnesty until the Court of Justice of the European Union (Tjue), to whom there have been four Spanish courts (headed by the Supreme) have transferred their doubts about the adaptation to community law of the Amnesty Law. In that session it will also be assessed, those same sources point out, the possibility of raising, or not, A preliminary ruling (which would also lead to the paralysis of the processing of the PP appeal against the law, the first one that the Constitutional will resolve).
All issues raised to the TJUE by the National Court, the Superior Court of Justice of Catalonia, the Court of Accounts and a Criminal Court of Vilanova I La Geltrú (Barcelona) focus on their objections to the application of the law to specific cases (for its alleged frontal clash with the right of the union), and not to objection of unconstitutionality.
Flat rejection to go to the tjue
Majority block sources (The progressives maintain a baggy majority of six magistrates In front of the four conservatives once selected from the debate about the amnesty, former Minister Juan Carlos Campo, east of Motu Proprio, and the exvocal of the General Council of the Judiciary José María Macías) point out that since these issues “are closely linked to the resolution of the reasons for unconstitutionality” formulated by the PP in its appeal against the law, “all must be included in a joint deliberation.”
But, however, they make it clear that it is not planned to open “new procedural debates” that they consider “alien to those raised in the demand for unconstitutionality and the allegations that the Senate formulated at the appropriate procedural moment.” Hence, they add, it will be the rapporteur of the resolution, the vice president of the Immaculate Montalbán TC, who will take a resolution on these requests to the next plenary session, which the magistrates will resolve before Montalbán herself defends her proposal for a resolution, which predictably supports the constitutionality of the amnesty.
But minority sector sources reject that PP and Senate requests can be rejected by “extemporaneous” to go to the TJUE or wait for their resolution on amnesty. “It is obvious that there is no preclusive time to ask and raise a preliminary ruling as long as they have not issued a sentence,” they point out, at the same time that they blame this foreseeable dismissal to the intention of “Leave within the cause the least possible trace” From that request to paralyze the decision on the law until European justice is pronounced. And, according to their criteria, after the requests of the PP and the Senate, the rest of the parties should be transferred to make allegations before the Plenary of the TC addressed the issue.
Six months of work
From the TC, “tranquility” is requested to be able A six -month job of the six lawyers of the Constitutional Court responsible for preparing the draft of sentence. On June 24, 25 and 26, they will be decisive to illuminate the expected sentence on the controversial norm (to the point that the possibility of the afternoons to continue with the debates).
The amnesty judgment will mark a before and after in the history of the Constitutional Court. By his Social and political transcendencethe pronouncement of the Court of Guarantee on the norm – one of the demands of independence to support The investiture of Pedro Sánchez– It will generate a considerable stir whose echo will be heard for years. As happened, for example, with the rumasa judgment – the expropriation agreed by the government of Felipe González was endorsed thanks to the quality vote of the then president of the TC Manuel García Pelayo – or with the ruling of the Statute (in which independence was shielded to boost the “procés”), the decision of the TC over the amnesty will have unquestionable political repercussions.