The State Public Prosecutor’s Office has challenged the conservative magistrate of the Constitutional Court, José María Macías, knowing that could have lost its “appearance of impartiality”having appreciated the amnesty law when he was a member of the General Council of the Judiciary.
The document states that Macías, “being part of the General Council of the Judiciary in his capacity as a member,” participated in the publication of a report dated March 21, 2024 according to which concluded that the amnesty law is “unconstitutional” of the then draft law that gave rise to the Organic Law of Amnesty for Institutional, Political and Social Normalization in Catalonia, the majority concluding that said draft law was unconstitutional.”
The state legal services emphasize that The CGPJ report “makes a series of conclusions related to the articles of the said standard, by analyzing whether this is consistent with the right to equality, the principle of separation of powers, the principle of legal certainty, the principle of arbitrariness or jurisdictional exclusivity, among others.
Furthermore, it adopts “its own criteria on adaptation to the character of a singular law and, after examining in detail the various precepts, sets out a series of conclusions on the preamble (pages 144 to 147 of the report); on the objective scope provided for in Articles 1 and 2 of the law (pages 147 to 149 of the report); on the regulation of effects, provided for in Articles 3 to 8 of the law (pages 149 to 152 of the law); 152 to 154 of the report) and on the final provisions (page 155 of the report)”.
The document of recusal of the Prosecution, which is in addition to that presented by the Prosecution, was presented on Friday in all the procedures of the TC related to the amnesty law.
