They could demand verification that the norm complies with the Constitution and EU Law
MADRID, 8 Sep. (EUROPA PRESS) –
The magistrates of the Supreme Court (TS) and all judges who have cases where an eventual amnesty to the ‘procés’ may operate may go to the Constitutional Court (TC) and the Court of Justice of the EU (CJEU) to prevent the law from ending. being applied, according to the legal sources consulted by Europa Press.
In the case of the court of guarantees, from the instructor of the ‘procés’, the TS magistrate Pablo Llarena, to any judge with procedures affected by the amnesty may raise a question of unconstitutionality so that the TC can rule on the fit of this forgiveness in the Magna Carta.
In parallel, Spanish judges could also knock on the door of the CJEU by raising a preliminary ruling for the community court to check whether the amnesty granted respects EU law.
The sources predict a clash with community regulations for the crime of embezzlement, which is part of the list of crimes included in the cases on the ‘procés’. In this sense, they remember that he is a central figure in the fight against corruption, which Brussels wants to reinforce.
In fact, last May the European Commission proposed in a proposal for a directive to harmonize penalties so that embezzlement has a maximum sentence of at least 5 years in all member states, something that if successful would force Spain to reform this crime again.
The general rule, as explained by both the TC and the CJEU on their respective websites, is that both actions would mean the suspension of the case where said issues have been raised until the court resolves.
However, this point raises doubts, since the sources emphasize that neither of the two consultations would allow the application of the amnesty law to be suspended, with the exception that precautionary measures were requested and granted before the TC.
It should be remembered that an amnesty for the events that led to 1-O would benefit not only its leaders – the former Catalan president Carles Puigdemont and the other fugitives, as well as its former vice president Oriol Junqueras and the other convicts who were pardoned. jail but not disqualification–, but also dozens of minor charges: more than 40 potential beneficiaries.
