Congress has given the green light to a legal reform that will allow prisoners sentenced in other European Union countries to add sentences served abroad to the total sentences served in Spain. The approval of the law generated a new political dispute, especially after the change of position of the PP. The most popular initially supported this rule, but now reject it, accusing the government of “deception” for the benefit of ETA prisoners.
Here are some keys to understanding the new reform and the debate it has sparked:
What is the rule about?
The law, approved unanimously by Congress, modifies the regulations so that prisoners sentenced in other European Union countries can add the sentences served in those countries to the total in Spain. This modification arises from the transposition of a European directive and was favored by an amendment by Sumar which eliminates a restriction imposed in 2014 by the PP, when the government of Mariano Rajoy was already addressing this directive.
Why is this law relevant?
The new regulations allow the accumulation of sentences served in other countries, which could affect several prisoners, including members of ETA who served part of their sentence in countries such as France. This change eliminates an additional provision introduced in 2014 by the PP which limited this benefit to sentences after August 15, 2010, leaving aside certain prisoners of the terrorist organization.
What is the origin of this legal change?
The amendment responds to the need to incorporate a 2008 EU directive that requires member states to recognize sentences imposed in other EU countries. This directive had already been partially taken up in 2014 under the Mariano Rajoy government, but with the restriction which has now been removed by Sumar’s amendment.
How did the legislative process take place?
The law was adopted by the government urgently, removing certain consultative reports but authorizing parliamentary amendments. During the process, Sumar introduced an amendment that repealed the 2014 additional provision. Neither the PP nor Vox presented an amendment and both parties voted in favor of the text both in the Interior Commission and ‘at the plenary session of Congress, which approved the rule. unanimously.
Who will benefit from this law?
According to the Association of Victims of Terrorism (AVT), at least 44 ETA members could benefit from the new regulations, since years of service in other EU countries could be deducted, allowing release of at least seven of them. However, the law does not apply exclusively to ETA members, but to any prisoner convicted in the EU who meets the conditions.
What has the PP said about its support for the law?
Borja Sémper, spokesperson for the PP, called the matter a “widespread error” and accused the government of “deception”, saying that the emergency procedure was used to introduce changes without it realize it. The PP ended up admitting that it had not noticed the amendment that repealed its own 2014 provision.
What did they explain about Sumar?
Enrique Santiago, deputy of Sumar and representative of the party during the presentation of the law, argued that the amendment corrects the discrimination against Spanish citizens who could not benefit from the accumulation of sentences abroad, which is possible in other EU countries. . Furthermore, he denied any “transfer” to EH Bildu and stressed that the reform concerned all prisoners, not just those of ETA.
What was the response from the socialist part of the government and the Ministry of Justice?
The government defended that it did not play an active role in the amendment, since it was presented to Congress by Sumar. Félix Bolaños, Minister of Justice, assured that the treatment was “peaceful and unanimous”. Furthermore, the Ministry of Justice claims that the new regulations do not contradict the judgments of the European Court of Human Rights (ECHR), although until now it had approved the practice of not accumulating foreign sentences in Spain.
What can the Senate do to stop the law?
The Senate, where the PP has an absolute majority, delayed the vote for a week, but will not be able to block the law. According to sources consulted by elDiario.es, the law will be published in the Official State Gazette (BOE) without modification, since no party in the Senate has proposed amendments and the Constitution does not allow the Upper House to block laws approved by Congress. except in exceptional cases.
What impact will this rule have in the long term?
The main effect will be that people convicted in the EU will be able to add their sentences served abroad to the maximum number allowed under Spanish law. This could lead to the early release of some prisoners, but it also aligns with European regulations, which aim for greater harmonization of sentences between member states.
