'Génova' prepares for the political and legal combat against the amnesty by seeking the opinion of legal experts

The PP seeks to arm itself with arguments for its offensive while waiting to see how the Government justifies the amnesty in the preliminary title

MADRID, 7 Oct. (EUROPA PRESS) -

The PP is preparing for the political and legal combat against the amnesty by gathering the opinion of experts in the world of Law outside the party with the aim of arming itself with arguments on which its actions against the foreseeable Amnesty Law will be based, as a possible appeal to the Constitutional Court.

In these weeks the PP has contacted former presidents of the Constitutional Court (TC) and the General Council of the Judiciary (CGPJ), professors of Constitutional Law and other specialists in the world of Law. What's more, he has consulted the jurisprudence of the European Court, according to what party sources have told Europa Press.

Those legal experts who are advising the PP consider that an Amnesty Law for those accused in the 'procés' does not fit into the Spanish legal system and is illegal. "They cannot find how what is illegal can be made legal," added the sources consulted.

The 'popular' consider that the amnesty is an "asymmetric treatment at a legal level" and criticize that the left is willing to put aside "the equality of all Spaniards" to give "privileges to the Catalan political class." Furthermore, they remember that in the past the amnesty has been used for the transition between two different political regimes.

"What the PP is doing is putting together the scaffolding from the point of view of the concept of the amnesty, compiling when it has been given and under what circumstances it has been allowed," said PP sources, who are also studying the parliamentary precedents.

Thus, the PP sees what happened in the last legislature as key, when ERC and Junts registered a proposed amnesty law in March 2021 - it was not admitted for processing due to the lawyers' report, which rejected it as unconstitutional - -, as well as the motion resulting from interpellation that the CUP promoted in May of that same year and that was rejected in the Plenary Session of Congress.

In this last case, the pro-independence party tried to use its motion for the Plenary to rule in favor of admitting the Amnesty Law to processing, but in the end that part of the text was eliminated by the majority of the Board following the criteria of the Congressional lawyers.

From 'Génova' they have criticized that the Government hides behind "coexistence" to justify the Amnesty Law. "Three or four months ago the Government itself said that it did not fit into the Constitution. Sánchez is talking about coexistence when the exact word is convenience. And that is not a legal concept," sources from the formation told Europa Press.

According to the PP, in this possible Amnesty Law the preliminary title is fundamental, more than the article, because it is where the justification of the norm lies and that is where, in its opinion, the Government will seek to overcome obstacles to "silence possible resources." before the TC or the European Court.

Thus, according to the sources consulted, the preliminary title has to explain the political reason why this amnesty is applied, which will lead to a restriction of article 24 of the Constitution, which states that "all people have the right to obtain effective protection of judges and courts in the exercise of their rights and legitimate interests, without, in any case, being defenseless."

"The Government's text must explain why an amnesty is necessary, which represents an invasion of the Executive Branch in the Judicial Branch," said PP sources, who have stressed that the Constitution does not allow an amnesty and Spain is not in "a moment of extraordinary gravity to reinterpret the Constitution" with a measure of this magnitude, as happened in the dictatorship.

Thus, PP sources have stressed that the pardon is a measure of grace from the Government but have added that the amnesty will "prohibit" judges and prosecutors from acting against the prosecution of crime. "In Spain we have a Judicial Power that is democratic and solid and the amnesty would be to recognize that it acted inappropriately," they added.

PP sources consider that the Government has focused on Conde-Pumpido, so that "the responsibility of legalizing the amnesty for the 'procés' which is clearly illegal is transferred to the Constitutional Court."

Regarding the deadlines in which the court of guarantees can rule, in the PP they remember that with the arrival of Conde-Pumpido to the TC the appeal against the Abortion Law was resolved in 11 months, when it had been in the drawer for a decade.