Law professors warn of the siege suffered by the judiciary with the amnesty and incompatibility with the EU

MADRID, 13 Feb. (EUROPA PRESS) -

Various law professors have warned of the "unacceptable and repeated siege" that the judiciary is suffering from "certain parties and political leaders" with the amnesty agreed by PSOE and Junts and the "difficult compatibility" that this has with the right of the European Union.

In this context, they have criticized that the amnesty law that is being processed in the Cortes is "fully rejectable legally and politically" and that the Spanish Constitution "does not allow amnesties" that could only be issued as an "exception."

"Even less does it allow an amnesty like this one now, the wording of which is imposed by the amnestiables themselves, which are not at the service of general interests but rather personal ones," said the emeritus professor of Constitutional Law and emeritus magistrate of the Constitutional Court, Manuel Aragón, during his intervention at the presentation of the book 'The amnesty in Spain. Constitution and Rule of Law' which was hosted this Tuesday by the Carlos de Antwerp Foundation.

Likewise, he has emphasized the "manifest arbitrariness" of the law which, he has insisted, is an example of "deterioration of the constitutional and democratic State of law" warning of its incompatibility with the law of the European Union.

That said, he has highlighted the "obligation" of citizens to "not remain silent" by denouncing "firmly and reasons this desertable operation to stop it."

The emeritus professor of Criminal Law at the Complutense University, Enrique Gimbernat, has expressed along the same lines in his turn to speak, deconstructing the arguments put forward in favor of the constitutionality of the amnesty that are set out in the text presented in Congress. .

"They are weak arguments. The Constitution does not allow amnesty," said Gimbernat bluntly, insisting that it is "constitutionally prohibited in Spanish criminal and constitutional law."

Professor Jean Monnet 'ad personam' and vice president of the Royal European Academy of Doctors, Teresa Freixes, also participated in the event, arguing that the criminal code was applied to those who might benefit from the amnesty law by the commission of crimes and not because of their personal condition or their ideas.

"We are talking about the commission of crimes and we are concerned about amnestying them because it is considered that what they did was not a crime," Freixes argued, and then reflected on the victims of these crimes. "The amnesty law does not take into account the victims of crimes. What do we do with these victims?" he launched, recalling that the amnesty is contrary to European values ​​and that it does not respond to the basic principles of equity.

The same argument has been shared by the lawyer of the surplus State and general secretary of the Hay Derecho foundation, Elisa de la Nuez Sánchez-Cascado, who has indicated that the objective pursued by the law is to reach the Constitutional Court (TC) as soon as possible. because the progressive bloc has a majority and, predictably, the law would be endorsed.

The member of the RAE and honorary president of the newspaper El País, Juan Luis Cebrián, has also participated in this colloquium pointing out that in Spain an "illiberal democracy" prevails which, as he has stated, is one that uses democratic systems to "pervert and put democracy at the service of a ruling minority".

For Cebrián, the pact between PSOE and Junts is due to "improper bribery", that is, when an authority in exchange for receiving favors that interest it, does favors to an individual, he has pointed out, which is why, in his opinion, the Amnesty law cannot be morally allowed. "If there is no morality in democracy, there is no democracy," he added.

After ironizing about "high and low intensity terrorism" and the distinction between "good and bad terrorists", he criticized the law for "legitimizing political violence" and warned that if judicial independence disappears "democracy disappears."

Finally, the philosopher and writer Fernando Savater took the floor and attacked the argument of reconciliation between Catalonia and Spain to apply the amnesty, ensuring that "reconciliation with the criminal" involves applying the law.

In this context, and quoting the French philosopher and historian Michel Foucault, he pointed out that before asking if the amnesty law is possible, we must ask if "it is desirable."

In his opinion, Spain "does not have to go and reconcile with the separatists who have threatened it" but rather it should be the opposite, he said, unleashing applause from a packed auditorium in which, among others, the PP deputy attended. Cayetana Álvarez de Toledo.

The book, by Editorial Colex, has been presented at the Carlos de Antwerp Foundation, and 66 prestigious authors have participated in it, bringing together 78 articles critical of the amnesty agreed between PSOE and Junts, with numerous arguments to explain that this proposition of law "repeatedly fails to comply with both the Constitution and European Law".