The Public Prosecutor’s Office asked the Constitutional Court to reject the question of unconstitutionality raised by the Supreme Court regarding the application of amnesty to the leaders of the process. According to a document to which laSexta had access, the lawyers are addressing the High Court arguing that the question, raised last July, “not only does not prove how the contested provision generates legal uncertainty, but, in addition, It is based on strictly ideological and not technical-legal criteria.“.
The plenary of the Constitutional Council admitted for treatment last September the question of unconstitutionality that the Criminal Chamber of the Supreme Court had raised due to its doubts as to the adequacy of the norm to the Constitution. However, the public prosecutor took a position against this measure, dismantling the arguments of the Supreme Court.
The letter, dated October 2, emphasizes that the appeal “speaks in future terms, based on speculation on possible parliamentary majorities corresponding to certain groups or others within the Chambers, but not on a specific application of the precept whose constitutionality is in question.
The question of unconstitutionality is a mechanism defined in the Spanish Constitution available to judges and courts when they consider that a law is contrary to Magna Carta.
