The Constitutional Court woke up with a table full of appeals against the amnesty law. A bureaucratic cascade designed by the Popular Party and the communities it presides over and to which Castilla-La Mancha, the only capricious territory in the socialist universe, also joined. In total, seven autonomies registered their writing – Andalusia, Aragon, Galicia, Madrid, Region of Murcia, Cantabria and Castilla-La Mancha – and the other five will be added: Extremadura, Castile and León, Valencian Community, Balearic Islands and La Rioja. Harmonious offensive that aims to test the progressive majority of the Constitutional.
The ban was opened last week, with the presentation of the appeal of unconstitutionality by the Popular Party, this week it was the turn of the communities governed under its acronym. Eleven in total. All had already announced before the summer their intention to appeal to the Constitutional Court and all they rushed the deadline presentation to the maximum, highlighting the common strategy. The official version speaks of lack of time due to the need to prepare a rigorous and detailed document. As close as possible to the law. And this must be true, because even Castilla-La Mancha, presided over by the socialist Emiliano García-Page, squeezed the deadline almost to the end.
Among the communities that sent their letter to the Constitutional Court is Madrid, whose president explained yesterday that she could not remain “with her arms crossed in the face of the greatest act of political corruption perpetrated in the history of democracy”. Isabel Díaz Ayuso assured that it is a law “written under the dictation of those who tried to carry out a coup d’état from Catalonia, it is arbitrary and obscenely unconstitutional”. When asked if she trusted the impartiality of the Constitutional Court to evaluate this law and if she would accept what it determines, she stressed that “it is not a question of trusting or not, but of doing what is necessary”. He also justified the recusal of three magistrates for their “public and notorious ideological link with the PSOE”, the party that presented the text, “which disqualifies them from pursuing” its constitutionality, Mariano Calleja reports.
This end of the challenge of Candido Count PumpidoJuan Carlos Campo and Laura Díaz, who also included the general appeal of the PP, were collected by others of the writings registered this Monday, such as that of Galicia, Valencia or Andalusia. “The amnesty law represents an attack on a fundamental right that Andalusia cannot, must not and will not turn its eyes away,” recognized Juanma Moreno, Andalusian president, during the inauguration of the new judicial headquarters of Lucena, the second most populated municipality in the country. the province of Córdoba.
Moreno said that “Andalusia will do everything possible to defend the equality of all Spaniards, regardless of their way of thinking and where they live.” His government confirmed shortly after the announcement made by the leader and gave some details of the appeal, very similar to that of Madrid and the one presented last week by the PP. “The Junta de Andalucía recognizes that the Cortes Generales are responsible for exercising legislative power, but stresses that this power is subject to limits and must be exercised in such a way that does not violate the Spanish Constitution nor does it imply a hidden reform of it.
Socialist resource
It is not surprising that the opposition of the Castile-La Mancha community has ceased to attract attention. The socialist government of Emiliano García-Page has kept its word and filed its appeal this Monday against the rule promoted by its own party. Another challenge to La Moncloa by its most rebellious baron. The conclusions of the opinion requested from the Consultative Council are “conclusive” as to the unconstitutionality of the normsources from the regional executive told ABC. Regarding the adaptation of the law to the constitutionality block, -on which a statement had also been requested-, the Consultative Council determines that the amnesty has no place in the Constitution and, furthermore, affirms that its approval would have required a constitutional reform. “The amnesty does not fit into the constitutional block. “This violates the principle of equality protected by article 14 of the Constitution and the principles of prohibition of arbitrariness,” the report says.
Double opposition
All the appeals presented so far go in the same direction, denouncing the unconstitutionality of the norm by speaking of a “secret reform” of the Magna Carta and emphasizing that it was driven by them who will benefit from it.
In the case of the document of the Xunta de Galicia, which also includes the recusal of the three aforementioned magistrates, it is highlighted that the rule “violates the principle of separation of powers by annulling the firm decisions adopted by the judiciary, as explained” by Alfonso Rueda, Galician president.
In the case of the Region of Murcia and Aragon, the appeal has reached the Constitutional Court twice. In addition to the governments of each autonomy, their parliaments have also submitted a letter to the TC. The challenge launched by the Murcian executive led by Fernando López Miras presents two main arguments. The first is that the Constitution “makes no mention of the institution of amnesty”; The second is that, even if it had to register in the Magna CartaThe amnesty “flagrantly” violates up to six fundamental principles enshrined in the legal system, including equality among Spaniards wherever they reside and the separation of powers. “It is a shameful law that generates more inequality among Spaniards,” said the Murcian president.
In Aragon’s appeal, a new argument is presented, as it denounces the fact that the formula of the bill and the emergency procedure followed to approve the amnesty “undermine the democratic principles of the rule of law required by the European Union by not providing the possibility of an adequate procedure.” social, institutional and political participation in its development, in accordance with the techniques of deliberative democracy, which can be raised before the Court of Justice of the European Union by the preliminary question. One of the questions, that of bringing the issue to Europe, is not insignificant, since the leadership of the Popular Party is convinced that it is the European institutions that will finally be able to put an end to the norm.
In Cantabria, it was its parliament that presented the appeal, which will be joined today by the regional government. It will not be the only one, since the rest of the communities presided over by the PP that did not take advantage of this Monday to register will do so throughout tomorrow. In Castile and León, the holiday forced the postponement of the presentation that the government of Alfonso Fernandez Manueco will do throughout this Tuesday. Similar procedure by the Executive of Extremadura María Guardiola, of the Balearic Islands Marga Prohens and of the Valencian Carlos Mazón, who described the amnesty as “a legislative aberration that breaks the guarantee of legal security and protection of the rights of all Spaniards, including more than five million Valencians. “It rewards disloyalty, selfishness and lack of solidarity,” he stressed.
Finally, the government of La Rioja must approve the presentation of your appeal this Tuesday. A formality that will conclude the bureaucratic cascade that has filled the table of Count Pumpido arguments against amnesty.
