The draft amnesty bill registered with Congress by the socialist group offers little objection in terms of drafting the legal text. It leaves more unknown regarding its purpose because it raises the question of whether its main aim is to ensure social peace in Catalonia and whether it is a literal search for votes that are missing in Catalonia. Pedro Sánchez’s investment As head of government. This is the opinion of experts from the universities of Alicante and Elche whom this newspaper consulted; disagreeing on whether laws require constitutional authority, displaying divided views on the limits of parliamentary powers, and speaking out about the risks of “ignoring” power.
Pepe Asensi, professor of Constitutional Law at the University of Alicante (UA), emphasizes: Constitution While he acknowledges that there are differing opinions among jurists on this issue, it does not prohibit certain laws, such as amnesty, as long as they do not exceed the limits of Magna Carta. The PSOE senator until the last legislature stressed that the laws are within the competence of the parliament and therefore do not require prior authorization from the Constitutional Court.
Translation
“What falls to the court is the interpretation of the Constitution that recognizes that it is possible to apply for amnesty,” Asensi says. In his argument, the UA professor emphasizes that the law does not violate any rights and that its main purpose is to solve a problem. political problemWithin the constitutional framework of Catalonia. “The main aim is to overcome the phase of political and legal conflict that arises with the process,” he adds.
UA Constitutional Law professor Manuel Alcaraz speaks along similar lines, drawing a distinction between political and legal analysis. In the opinion of the former Compromís minister, “Criticisms that speak of the end of the period in question rule of law “They are motivated by partisan or ideological interests.” Alcaraz does not see “any legal problem” regarding the amnesty and underlines that there were other problems in previous periods of Spain’s history.
From there, the UA professor expresses concern about the political deals currently being made, lamenting the rising tensions and wondering whether it’s better to deal with Junts or Vox. «It is said that many citizens would have voted differently if they had known that it was so. amnesty. “But of course many people would have made a different choice if they had known that the PP would agree with the far right.”
Victoria Rodríguez, professor of Political Science at the Miguel Hernández University (UMH) in Elche, evaluates the pardon from two perspectives: Those who believe it is in accordance with the law and those who think the pardon is in accordance with the law. Considering the number of people involved and the extensive period of time it covers, it is similar to a “general amnesty, It is prohibited by the Constitution». He also thinks there is a risk of “ignoring” the judiciary and therefore calls for greater diligence on amnesty.
Rodríguez notes that the “generosity” of the offer caused a lot of alarm and that it cannot be compared with the situation in 1977, because at that time this offer came from China. Franco dictatorship and the current Magna Carta had not yet been drafted. “There are those who argue that the government is on the same side as those who violate the Constitution, and this is an extremely negative situation,” the GNA professor concludes.
Finally, Cardenal Herrera of Elche Miguel López, professor of Constitutional Law at CEU, points out that inconsistencies around amnesty are inherent in the legal debate. «Although the law is well written, the reasons given are weak. So many doubts “They are trying to overcome the exceptional situation in Catalonia, not the votes needed for investment,” says the expert.
According to López, the high tension situation in Catalonia mentioned in the text does not comply with any of the justifications that the Constitutional Court doctrine usually follows. Finally, according to their evaluations, the other prominent aspect of this law is that the law emergency procedureHe believes it is a measure to shorten the terms of the debate.
Source: Informacion
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.