A year after the approval of the Amnesty Law in Congress – it was fulfilled next Friday, although it entered into force on June 11, ten days after being published in the BOE – The controversial standard leaves a reguero of resourcesstill unsolved, especially in the Constitutional Court (TC) but, also, in the Court of Justice of the European Union (TJUE), whose position on a possible violation of the Law of Community Law would be key beyond what the Court of Guarantees says that chairs Cándido Conde-Pumpido.
All that battery of resources and issues of unconstitutionality, of demands for amparo and prejudicial main Carles Puigdemont at the head.
ERC leader, Oriol Junquerasand the rest of the Supreme Court have already been pardoned by the Government of Pedro Sánchez, but that measure of grace only affected prison sentences, so they remain disabled to be candidates, which for now moves Junqueras away from any electoral list until 2031.
As for Puigdemont, who with his escape more than seven years ago has eluded the action of Spanish justice (although he was arrested in March 2018 in Germany he was finally not delivered to Spain and his fleet The one who is prosecuted.
Both the Criminal Chamber and the magistrate Pablo Llaren The embezzlement of “procés” It is not protected by amnesty, which excludes from its scope to those who obtain “a personal benefit of a patrimonial nature.” An enrichment that the High Court appreciates in the politicians who charged to public flows financed the sovereignty process without their pockets being suffering.
The tjue, determining
All, convicted and processed, observe the pulse between the Constitutional Court, which Wait to pronounce on the law last week of June (Everything points to an guarantee to the amnesty of the progressive magistrates), and the Supreme Court, which in addition to raising a matter of unconstitutionality against the norm before the TC itself seems willing, according to the sources consulted, to go to the TJUE if finally the Court of Guarantees validates the amnesty, in which case the application of the same would be paralyzed while waiting for the opinion of the European justice.
So far, however, four Spanish courts – (The National Court, the Superior Court of Justice of Catalonia, the Court of Accounts and the Criminal Court number 3 of Vilanova I La Geltrú (Barcelona) – have raised the European justice their doubts about the adaptation of the law to the law of the Union.
Precisely that pending decision-the reason has already reported that the TJUE will accelerate the processing of the appeal of the Court of Accounts on the amnesty after the Conde-Pumpid maneuver to try to make the ERE court not bring to Europe the annulment of the convictions-it has recently caused that three Magistrates of the TC have urged their president to postpone the decision on the amnesty until Luxemburg was pronounced.
After Conde-Pumpid’s refusal, the PP-whose appeal against the law will be the first to approach-has collected the glove claiming that same measure, or that the Constitutional Court itself chooses to raise its doubts about the norm to the TJUE (which would also lead to leave the procedure to resolve the resources against the amnesty).
At the moment, the focus is on the Constitutional Court, which has 16 unconstitutionality resources on the table (most autonomous communities governed by the PP), six issues of unconstitutionality (including those raised by the Supreme Court and the TSJ of Catalonia) and several amparo resources, including that of Oriol Junqueras but not yet that of Puigdemont, pending that the Supreme Court resolves its incident of its incident of Nullity against his refusal to amnesty him. The Conde-Pumpid road map aims to resolve the resource of the PP at the end of June, which will precipitate that this endorsement to the amnesty (this appeal is expected to be partially admitted to minor issues) applies in block to the rest.
Amparo’s demands, on the waiting list
Another thing will be the resolution of the amparo resources, which seems to be addressed after that first pronouncement on the norm, to the extent that in this case the CT must discern whether the Supreme has violated some fundamental right or constitutional principle by refusing to amnesty the embezzlement of the “procés” (Puigdemont, for example, will focus its complaints on the lack of competence of the supreme The main battle horses of his lawyer, Gonzalo Boye).
With these amparo resources still on the waiting list, or even without considering the Constitutional, the pulse between the TC and the Supreme will be once the plenary – the progressive majority – alum the sentence that ratifies the constitutionality of the law will be intensified. The time will come that the High Court has to apply it, but according to the sources consulted the Supreme – which left an open door to go to European justice after the pronouncement of the TC – plans to go to the TJUE and paralyze, therefore, the application of the sentence of the Court of Guarantees. And he would do so doubts about the adaptation of amnesty to community law in relation to the persecution of embezzlement as an exponent of political corruption and even exposing the risk for the financial interests of the EU of the EU of the independence intention in 2017.
It will be then when Llarena has to decide whether or not to maintain the precautionary measures to Puigdemont (on which an arrest and prison order weighs). But with a TC failure endorsing the amnesty (and with a very uncertain possibility that it is finally convicted), the sources consulted see little margin so that these measures are maintained.