The Attorney General, Álvaro García Ortiz, has challenged the magistrate of the Constitutional Court José María Macías so that he does not intervene in the resolution of the question of unconstitutionality promoted by the Supreme Court regarding the amnesty law for those responsible for the Catalan sovereignty process.
If this initiative is successful, Macías, who joined the CT on September 6 at the proposal of the PP after an agreement between that party and the government, will not be able to intervene in subsequent constitutional amnesty processes, since the cause of the challenge invoked would affect them all.
The letter signed by García Ortiz states that the challenge “is not based on the expression of opinions, nor on relevance or public importance, understood in the sense of
media, social or political, of their positions, even if these could have
generate in certain sectors of society the perception of a convinced and active belligerence against the law whose constitutionality is now called into question
continue in its precedent.”
The challenge is based on the fact that Macías, in his capacity as a member of the General Council of the Judiciary, “participated directly in certain official actions of said constitutional body which, due to its object and purpose, but also – and above all – imply, due to its content, a thorough, reasoned, reiterated, detailed and categorical assessment of the Amnesty Law, whose constitutionality is now subject to the control of the Court, formulating numerous judgments on, precisely, the conceptual adequacy of an amnesty in our constitutional model, and in any case of an amnesty such as that regulated by Organic Law 1/2024, and subsequently, as to its implementation in the provisions of said Organic Law, when it was a draft law.”
