The TS refuses to suspend the processing of the future amnesty law and warns that it may not be a matter of its jurisdiction

This very precautionary measure had been requested by an association that considers that the Government is committing fraud.

MADRID, 7 Nov. (EUROPA PRESS) -

The Supreme Court has refused this Tuesday to immediately suspend the procedure for approving the amnesty law - negotiated by PSOE and Junts -, as requested by the Association for Reconciliation and Historical Truth in an appeal in which it considered that this future norm represents a serious violation of fundamental rights and a fraud on the law.

But the Contentious-Administrative Chamber of the high court rejects these very precautionary measures requested due to lack of justification of the urgency and warns that the appeal "may incur causes of inadmissibility" given that the object may be "outside the jurisdiction of this Chamber" and since the appellant may lack active standing.

This is stated in an order for which Judge Pablo Lucas Murillo was the speaker, collected by Europa Press, in which the Chamber explains that regardless of whether the bill has been presented, "the exercise of the initiative legislative action by the members of the Cortes Generales cannot be prosecuted before the contentious-administrative jurisdiction".

"Nor is it up to the latter to impose on the Government the presentation of bills. In short, the parliamentary action of the Congress of Deputies to which the appellant refers is equally alien to this jurisdictional order since it goes beyond personnel issues, asset management and administration contemplated in article 1.3 a) of the Jurisdiction Law," he adds.

The resolution states that the association's appeal challenged the "material actions of the Government of the Nation and the president - Pedro Sánchez - in relation to the amnesty law" and that of "the Bureau of the Congress of Deputies and its president --Francina Armengol--, in relation to the same point and with the appointment on November 3 (...) of the new Chief Lawyer", Fernando Galindo.

The association's very precautionary measure not only asked that it be agreed that the Government should cease "in the way it was actually committed," but that Galindo should also be terminated and the Executive should be ordered to, if it wanted to approve an amnesty law, would do so through "the presentation before the Congress of Deputies of a formal bill on this matter."

As stated by the Supreme Court, this association considers that "using the means of proposing a law instead of presenting the bill is a legal fraud that violates articles 14 and 23 of the Constitution. And it believes that it is also violates the principle of equality by "forgiving (Catalonia) a debt of 15,000 million euros and processing an amnesty for very serious crimes of a general nature."

As for Galindo, he maintains that he is ineligible for the position given that he has gone "in a few days from the Executive Branch as number two in a Ministry of the Government of Spain, to the Legislative Branch, as a key person in the entire organization chart of Congress."

But the Chamber disgraces the association that the document does not offer justification of the legitimate interest on its part to file an appeal, including that relating to the appointment of the Senior Lawyer of the Congress of Deputies, and adds that before resolving on the initiation of the piece of precautionary measures, it is necessary to hear the appellant, the State Attorney, the Lawyer of the Cortes Generales and the Public Prosecutor's Office about the lack of jurisdiction and the possible inadmissibility of this appeal.