Approves the submission of an appeal to the TC to be presented before September 11
The Government Council of the Junta de Castilla y León approved this Thursday the authorization for the lawyers of the Directorate of Legal Services of the Ministry of the Presidency to present the appeal of unconstitutionality against the so-called Amnesty Law “which seeks to extinguish the criminal, administrative and civil responsibility after the acts committed during the secessionist process, for violation of the rule of law and the principle of equality between all Spaniards”, in addition to consider that “at least” 14 articles of the Magna Carta are violated.
This agreement, presented by Councilor José Manuel González Gago, comes after last November 2, the president of the Junta de Castilla y León, Alfonso Fernández Mañueco, went ahead of the rest of the communities and announced the intention of the current autonomous government to accept this claim before a standard finally approved by the Congress of Deputies on June 11.
The broad and detailed agreement adopted by the Council – more than 20 pages – is structured in four large blocks. In the first of them, the legitimacy of the Community of Castilla y León to face this challenge is accredited. Then, a legal criticism of the legal text as a whole is included regarding the application of the legal figure of amnesty, for not being provided for in the Constitution as such, since the use of a legal model called “singular law” to certain factual assumptions in which it does not correspond, 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 challenge to specific provisions of the law in some of its precepts, and concludes with the challenge to its provisions, which will also specifically violate the Constitution.
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