The European Commission has presented to the Tjue a document indicated that the Amnesty Law It exists as “Part of a political agreement to achieve the investiture of the Government” and rejects that it has “general interest” for the EU.
This is stated by the newspaper El Español, which has had access to the document presented by the agents of the European Commission, who maintain in these observations that the regulations are a “Autoamnesty” “contrary to the principle of the rule of law”.
On a day in which the Constitutional Court celebrates a plenary session in which it begins to study the draft of the amnesty law, the reluctance of the European Commission comes to light, despite the fact that although This report will not be binding on the TJUE.
The European Commission agents argue that the obligation to “hear certain parts of the procedure” and not others, as a Catalan civil society for example, is “contrary to the principles of contradiction and equal weapons”so it would prevent the other parties from discussing “contradictoryly on the elements of both decisive law for the resolution of the procedure.”
The document continues by stating that a “Treatment difference With respect to people, having committed the same facts, but in different contexts, for different reasons or at different times, they do not benefit from amnesty and remain the subject of criminal procedures and sanctions. “
The “impunity” of government partners “in exchange for parliamentary support”
Thus, they consider that the “principle of proportionality is violated that requires that, in each case, the proposed amnesty is an adequate means to ultimately achieve a legitimate objective.” In addition, they point out that the National Jurisdictional Body must “verify” if the regulations are aimed “It does not seem that the law effectively responds to that goal.
“If there is support to consider that the autoamnens in which whoever holds political power is intended to arm itself by guaranteeing their legal immunity are contrary to the principle of the rule of law, it seems that The same criteria should be applied when who is in the Government guarantees the impunity of its partners in exchange for parliamentary support“, Zaja the document, according to the Spanish information.
On the other hand, it coincides in the deadlines that the amnesty law would have to apply, that is, Two months to make it effective in the event that it is processed priority.
