The ‘populars’ admit that they expect a “viacrucis of resources” against this norm, which Feijóo considers to be “the greatest chiefdom since Franco”
The PP has admitted this Wednesday that it has doubts about the moment in which it will go to the Constitutional Court with the amnesty law and is debating whether to do so before the law is approved by Parliament – via institutional conflict between the Senate and Congress over the norm– or wait until it has been definitively approved and is in force.
“Perhaps due to political times we are interested in doing it later, when the law is approved,” ‘popular’ sources have acknowledged on the same day that the Senate, where the Popular Group has an absolute majority, is going to approve the institutional conflict with Congress for the amnesty law promoted by the PP.
Specifically, the PP relies on the report of the Senate lawyers in which it charges against the processing of the amnesty law in Congress and denounces that it is a “disguised reform of the Constitution.” The ‘popular’ refer to this point to formally demand that Congress withdraw the rule.
“The Popular Group proposes to the Plenary Session of the Chamber that it approve formally requesting the Congress of Deputies to proceed with the withdrawal of the Proposal for an Organic Law on amnesty, understanding that its processing causes a conflict of powers with the Senate as it is a covert constitutional reform,” reads the text that the Senate will send to Congress.
In ‘Génova’ they made it clear this Wednesday that the Popular Party will take the amnesty law to the Constitutional Court, as announced by Alberto Núñez Feijóo, who already described this law as “the biggest cacicada since Franco’s dictatorship.”
Of course, they have not yet decided whether, apart from appealing the law when it is approved, they could also go to the TC now due to the conflict with Congress. “We are not going to skip the Constitutional Court no matter how contaminated it is,” party sources abound.
The decision of the ‘popular’ to postpone going to the TC until later may be influenced by the deadlines. Congress has one month to respond after the Senate approves the institutional conflict and is practically close to the deadline for the norm to be definitively approved by Parliament at the end of May.
Specifically, the Lower House has until May 11, one day before the Catalan elections, to respond to the Senate. If you do not do so or your answer is negative, the next step may be to take the conflict of jurisdiction to the Constitutional Court, although this does not delay the processing or paralyze it, unless very precautionary measures are requested.
“WE EXPECT A VIACRUCIS OF RESOURCES”
From the PP they have admitted that the party could be interested in going to the TC when the law is definitively approved. From that moment on, the ‘popular’ people expect a “via crucis of resources” against the amnesty, ‘popular’ sources have added.
Feijóo himself admitted this Tuesday that the conflict of powers “does not delay the processing of the amnesty law” because they have two months for its processing in the Senate. He has explained that, despite being rejected in this Chamber, where the PP has an absolute majority, the norm “will return to Congress” and will possibly come into force in the month of May.
From there, he confirmed that the PP will present an appeal for unconstitutionality – it has a period of two months to do so – and the Supreme Court can also “present a preliminary ruling before the High Court of Justice of the European Union” ( CJEU).
“If the Supreme Court does so, this appeal to the European judicial authorities would lead to the paralysis of the entry into force of the law and, therefore, it would not take effect. That would be, without a doubt, the most direct route from the judicial point of view to stop this legal and moral outrage,” he stated, adding that the judges “hearing the case” can also raise “questions of unconstitutionality in the event that they consider it appropriate once the law is published.”
