Xavier Vidal-Folch An excellent study on amnesty in the Spanish legal framework was recently published in the Spanish press; this study highlights the constitutionality of this institution; The current Constitution makes no mention of this – although it does mention “measures of grace” – and does so explicitly. Recognizes the 1931 Republic Constitution.
This study, in which the authoritative opinions of Constitutional Court judges and former judges are taken, shows that, like every action in the field of law, amnesty, which is extremely possible and legal, must adapt to certain conditions. And the author, detailing this issue in his article that I recommended, emphasizes two issues: preservation of the criterion of equality and respect for the prohibition of arbitrariness. And that’s exactly what he writes: “To reject a norm, it must be clearly arbitrary, clearly arbitrary, and prohibited by Article 9.3 of the Constitution. This may not be valid if it arises from a reasonable and well-founded justification (STC 67/2013). It would be if it were expressed only for the benefit of a Government or a party, and not for the objectives sought by the Constitution, such as the guarantee of democratic coexistence (collected at the beginning), the participation of all citizens in political life (article 9.2). or social peace.
Compliance with these conditions must be well confirmed in the explanatory statement of the organic amnesty law, so that the goal that encompasses all other conditions is achieved: the amnesty must serve to restore democratic coexistence, to restore the broken rule of law; The beneficiaries are committed to constitutional compliance – and thus expressly abandon unilateralism; In romanticism, a rebellious attitude that means giving priority to one’s own impulses over the democratic legal system that obliges us all.