The Council of the Congress of Deputies, the governing body of the Lower House, approved in its meeting this Tuesday the decision to appear against the appeal of unconstitutionality of the PP against the amnesty law for the “trial”, admitted for processing last week by the Constitutional Court (TC).
The body, mainly composed of the PSOE and Sumar, took this step after the TC accepted its study. PP sources consulted by ABC say they have clearly indicated that, even if the Congress presents itself ex officio in all cases against its procedure, it will not approve this appearance if the arguments of all the parliamentary groups are not included in the document. It must be remembered that the Popular Party and Vox understood that, since the proposed amnesty law had been rejected in January by the absolute majority of the plenary during the overall vote, it should have declined it and not been referred to the commission, as was done. Sources close to the presidency of the Table emphasize that only the reasons given by their legal services against the appeal for unconstitutionality will be discussed.
The Congress can act directly as a party in the amnesty process, as the entourage of the President of the Lower House, the socialist Francina Armengol, explains to this newspaper. From the beginning of the development of the law, the main lawyer of the institution, Fernando Galindo, appointed a few days before the qualification of the regulation and coming from the current government, supported the debate on amnesty, even if his predecessor in office had recommended its inadmissibility to the previous legislature. – a criterion to which the PSOE adhered – for violation of the Constitution.
The amnesty, which the Executive described as “clearly unconstitutional” before the 23-J elections, after which Pedro Sánchez was only able to revalidate his position by including Junts, the party of the fugitive Carles Puigdemont, among his supporters , thrived in Congress despite heavy criticism. of the PP and Vox, but the Senate vetoed it, which even threatened to raise a conflict of powers before the TC, precisely because it was considered contrary to the Magna Carta. The Lower House lifted the veto and definitively approved it and, for the moment, the judges apply it with the exception of the crime of embezzlement, which, according to the Supreme Court, has no place in the law.
The PP presented an appeal for unconstitutionality, admitted last week for processing by the guarantee body, which however rejected as “premature” the challenge of magistrate José María Macías, who is still designated as its rapporteur. The Congress Council now decides to present itself against the procedure of the Popular Party and without the approval of the latter since the inclusion of the arguments of all the parliamentary groups is not accepted.