The plenary session of the Constitutional Court unanimously admitted the procedure the question of unconstitutionality that the Criminal Chamber of the Tribunal had raised due to its doubts about the amnesty law and its integration into the Spanish Constitution. On the other hand, it also accepted the abstention of Juan Carlos Campo due to his status as a former minister in the government of Pedro Sánchez. In fact, it was the one who held the Justice portfolio who made the request last week.
The argument that the Court of Guarantees used to suspend the review process carried out by the conservative magistrate of the Supreme Court Ricardo Enríquez regarding the crime of public disorder that the controversial norm contemplates pardoning, is that “could represent a violation” of two articles of the Constitution, as well as a third as a subsidiary.
On the one hand, the Plenary Assembly of the Constitutional Court will have to decide whether the law is not in conformity with Article 9.3 of the Magna Carta in which “the principle of legality is guaranteed”as well as the “legal security” of citizens. He will do the same with number 14, which states that “Spaniards are equal before the law, without any discrimination.”
Likewise, the information note to which LaSexta had access also refers to the fact that the Constitutional Court must monitor compliance with the article which provides that “the exercise of jurisdictional power in all types of processes (…) corresponds exclusively to the Courts and the courts.”
In addition, on the morning of this Tuesday, the Plenary Assembly of the Guarantee Court chaired by Cándido Conde-Pumpido approved the abstention of Judge Juan Carlos Campo in this case, due to his previous links with the government of Pedro Sánchez in which he served as Justice portfolio. A request he himself made last weekand which had previously been demanded by the Popular Party (PP) with that of Judge Laura Diezalso a member of the Constitutional Court.
