This Tuesday, the Junta de Castilla y León made official the presentation of the call for Constitutional Court against the amnesty law, considering that it violates at least 14 articles of the Constitution. The president of the regional government, Alfonso Fernández Mañueco, reported on the execution of the measure through the social network “X”.
Furthermore, where he also indicated that the Regional Executive has requested the recusal of the President of the Constitutional Court, Cándido Conde-Pumpido, and two other members of the Court who were part of the government of Pedro Sánchez, the former minister Juan Carlos Campo and former general director Laura Díez, because she considers that “they should abstain due to their proven connection with the subject under appeal.”
“In defense of the rule of law and the principle of equality between all Spaniards, fundamental pillars on which our Constitution is based, the @jcyl registered a few minutes ago the appeal against the amnesty law in the TC”, explained Mañueco this Tuesday in his publication on the resource that Castilla y León was able to present once it had the favorable opinion of the Autonomous Advisory Council.
To defend the rule of law and the principle of equality between all Spaniards, fundamental pillars on which our Constitution is based, the @jcyl A few minutes ago, the appeal against the amnesty law was registered at the TC. He also requested the recusal of…
– Alfonso F. Mañueco (@alferma1) September 10, 2024
The appeal is being debated in four big blocksin the first of which the legitimacy of the Community to carry out this action is accredited. Then, it includes a legal criticism of the legal text as a whole concerning the application of the amnesty because it is not provided for as such in the Constitution. In this sense, the use of a so-called singular legal model “for some cases where this does not fit, with an erroneous assessment of the circumstances of social interest that they claim to pursue. Once these general observations have been made, the document continues with the contestation of specific provisions of the law in some of its precepts, and concludes with the contestation of its provisions, which would also be in violation.
Thus, the regional government considers that the amnesty law, “in a self-interested and arbitrary manner, violates the principle of equality“. For this reason, the rights of natural or legal persons of this territory who reside or work in Catalonia and who are affected by said rule are considered violated.
In this community it exists, explained a few days ago the advisor to the Presidency, Luis Miguel González Gago, about the resource. a Federation of the Houses of Castile and Leon, in addition to ten regional houses and a Castilian and Leonese cultural entity. Also affected are members of the State security forces and organs who took place there, some of them from the Community.
“Clandestine” modification
Another aspect on which Gago, whose department includes the Council’s legal services, particularly insisted is that “the amnesty figure does not appears in the Constitution“, we therefore understand that with the law “the democratic State is broken”.
In this sense, he explained that The Magna Carta also does not mention slavery.but it is understood that it is forbidden. “We must not assume that everything that the Constitution does not contain must be regulated, because the current Cortes cannot be positioned as a constituent power,” he stressed. Therefore, he concluded, this happens “a hidden constitutional amendment.
