The legal obstacles to the approval of a specific

soyeb19

In the event that it is considered that an amnesty law should be enacted in order to end a conflict that Pedro Sánchez claimed to have already resolved with his administration, it would need to be approved through an organic law, in accordance with article 81 of the Constitution, since it affects to fundamental rights, which would represent a political challenge given the current configuration of Parliament. The approval of an organic law requires the support of the absolute majority of the Congress of Deputies in the final vote on the entire project. Achieving an absolute majority in Congress is a challenge, given the polarized and fragmented nature of the Spanish political landscape and would require agreements and negotiations between different political forces, which could be difficult to achieve due to the different positions regarding the Catalan independence movement, knowing that a law like the one reviewed could be declared unconstitutional due to two legal obstacles that arise.

One of the legal obstacles to the approval of a specific amnesty law for the leaders and followers of the Catalan independence movement is found in article 14 of the Constitution. This provision establishes the principle Whatsapp Database of equality before the law and prohibits discrimination based on any personal or social circumstance, including political opinion. Any amnesty law only excludes certain subjects and in this case it would affect those involved in the promotion of the Catalan independence movement for specific events at specific times in the face of the non-application of the Penal Code, thus constituting a decision that could be considered a discriminatory action. that violates the right to equality of all Spanish citizens. This could give rise to challenges before the Constitutional Court, who would have to decide whether said law is constitutional or not, with a high probability that it will rule on unconstitutionality.



Another legal obstacle to the approval of a specific amnesty law for the leaders and followers of the Catalan independence movement is found in article 62 of the Spanish Constitution. This provision prohibits general pardons , that is, those that are granted without specifying the crimes or categories of crimes affected. An amnesty law that exempts the leaders and followers of the Catalan independence movement from criminal liability without individualizing the specific criminal acts that would be forgiven could be considered a covert general pardon , which would be in contravention of this constitutional prohibition. This would call into question the validity of the amnesty law and could generate legal uncertainty regarding its scope and effects.

Javier Pérez Royo, in "Why not a proposed Amnesty Law?", states the following: "In my opinion, the Government should not intervene in this matter, but it should be the Parliamentary Groups that decide if it is appropriate activate the legislative initiative to propose and after the corresponding parliamentary debate, approve or not, a proposed amnesty law. In no better way than that could national public opinion be given expression, which is ultimately responsible for dealing with a problem of this nature. This statement, beyond a pure manifestation of naivety, is nothing more than a display of cunning, since a bill requires the issuance of reports in which the Council of State and the General Council of the Judiciary could reveal the problem of the amnesty, which would cover, in addition to the crime of sedition, the crime of embezzlement of public funds .