Congress lawyers question constitutionality of amnesty bill

Spanish presidency minister closes door on amendments covering CDR and Tsunami Democràtic

Pedro Sánchez's notes in the Spanish Congress
Pedro Sánchez's notes in the Spanish Congress / Javier Barbancho
Catalan News

Catalan News | @catalannews | Barcelona

January 17, 2024 07:01 PM

A new report by the lawyers of the Spanish Congress on the amnesty law casts doubt on the constitutionality of the draft bill and warns that the measure should be processed as a reform of the Magna Carta.

"The initiative contained in the present proposal raises doubts that it may have a place in the Constitution, so it should be articulated through the constitutional reform procedure," the report points out.

Last November, the lawyers issued another report defending the processing of the law, as they considered that it did not conflict with the Constitution.

The text, drawn up by the lawyers of the Justice Commission of the Congress, also warns that the Pedro Sánchez investiture agreements between the Socialists and pro-independence parties could clash with European law.

The text of the lawyers will now be analyzed by the commission, before then going to lawmakers in Congress and then the Senate. 

Tsunami Democràtic and CDR amendments

Spain's presidency minister, Félix Bolaños, flatly rejected the idea that amendment proposals from Catalan pro-independence parties Junts and ERC, which aim to include those accused as part of activism groups Tsunami Democràtic and the Committes in Defence of the Republic (CDR) can be included in the amnesty.

The two parties are committed to removing references to 'terrorism' from the text, a charge made by Spanish judge García Castellón against some members of these protest groups.

Tsunami Democràtic were very active in the aftermath of the sentencing of the 2017 independence referendum leaders, including organizing the blockade of Barcelona airport and occupying the main highway that links Catalonia with France. The CDR were behind many of the violent riots seen across Catalonia in subsequent protests also. 

Bolaños affirmed that the Socialist Party will "continue to dialogue" on the basis of the "technical" amendments agreed with Sumar, ERC, Bildu and BNG, which in his opinion reinforce a law that is "impeccable from a legal and constitutional point of view."

The minister made these statements to the media a few minutes after the number three of the Socialist Party, Santos Cerdán, held a meeting with the general secretary of Junts per Catalunya, Jordi Turull in Congress.

Bolaños and Turull both remarked that relations are now "totally normalized" between the two parties. Turull added that the meeting was "productive" and that more meetings will be scheduled in Madrid, Barcelona, and through international mediation.

"We have a lot of work to do, we want to do it well," Turull said.