The prosecution presented its allegations against the question of unconstitutionality raised by the Supreme Court regarding the amnesty law. A document put forward by El País in which the representation of the public administration accuses the Criminal Chamber chaired by Manuel Marchena of opposing the norm with “arguments of a political and doctrinal nature which far exceed the legal-constitutional nature of a question of unconstitutionality.
The Supreme Court, which judged and condemned the main case of the Catalan independence process, was the first to present allegations against the amnesty law after stating that it would not apply its effects to the crime of embezzlement funds allocated to convicts as well as former President Carles Puigdemont. A question of unconstitutionality in which judges denounce that the law treats citizens unequally based on their “ideology”.
In recent weeks, the Guarantees Court has received around twenty appeals and challenges against the amnesty law, most of them coming from autonomous communities and regional parliaments controlled by the Popular Party as well as from the party itself chaired by Alberto Núñez Feijóo y Castilla. -La Mancha, governed by the socialist Emiliano García-Page. Currently, the debate focuses on which magistrates should withdraw from the deliberations: former minister Juan Carlos Campo abstained and the prosecution and the public prosecutor’s office requested that José María Macías do the same.
The question of unconstitutionality of the Criminal Chamber of the Supreme Court was the first to be admitted and was contested by the public prosecutor. “The principle of equality does not imply the need to give a universal scope to the effects of amnesty, but rather that there be no discrimination between the people who are included in the enabling hypothesis of the norm” , he says in response to the accusation that he doesn’t. The entire population is treated equally.
In its question of unconstitutionality filed last July, the Supreme Court raised its accusations against the process and its leaders, speaking for the first time of “putschists” and “coup d’état” to refer to the independence process , in the October referendum. 1 of 2017 and the Unilateral Declaration of Independence. The amnesty, the Supreme Court said, represents “blatant discrimination” between Spaniards on the basis of their “political opinion.”
