2024-03-01 19:05:40
The Venice Commission does not censure the amnesty law as the PP intended, but criticizes that its processing was carried out urgently and has prevented a broader debate among all levels of Spanish society.
In its report of conclusions, the advisory body clarifies that, in any case, it does not rule “on the convenience of the amnesty, nor on its suitability to achieve the declared objective, since these are political decisions of the Spanish government.” And it also does not address the legality of the rule because “the Venice Commission is not competent to comment on the constitutionality of the amnesty project, which is the responsibility of the Spanish.”
“The Constitutional Court will decide ultimately and the Spanish constitutionalists will debate. Furthermore, in accordance with its established practice, the Venice Commission has not assessed the compatibility of the amnesty bill with European Union law,” he adds.
The report, which in no case questions the separation of powers as denounced by the PP, focuses its criticism on the procedure followed to process the rule. “The Venice Commission notes that the amnesty bill has been presented in the form of a legislative proposal, which is a procedure with limited consultation to the public, interested parties and other state institutions, following an urgent procedure. However, the amnesty bill has caused a deep and virulent division in the political class, in the institutions, in the judiciary, in the academic world and in the society of Spain. “The Commission encourages all the Spanish authorities to take the time necessary to engage in meaningful dialogue in a spirit of loyalty,” he notes.
That same report also sets out three recommendations: “Define the material and temporal scope of the application of the amnesty in a more precise way, so that the effects of the law are more predictable; ensure that a closer causal link is established between the consultations held in Catalonia on November 9, 2014 and October 1, 2017, their preparation or consequences and acts of embezzlement and corruption; and eliminate the criterion of the procedural stage for the exclusion of terrorist crimes.”
According to the Government, all of these recommendations have already been adapted in the text during the incorporation of the amendments.
The Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, has celebrated the decision, emphasizing that “the amnesty is a tool for reconciliation.” “And it also complies with international standards. It is impeccable and it is positive,” he wrote on social media.
The Venice Commission began the study of the Amnesty Law agreed upon by the PSOE and the pro-independence groups after a request made by the Senate, at the request of the PP.
In fact, a delegation from the Venice Commission visited Spain on February 8 and 9 to meet with parliamentary groups from the Congress and Senate, the Government, constitutional experts and judicial associations, among others, to gather information about the initiative.
During this visit, the members of the commission focused on the procedures of the bill, both in Congress and the Senate, but they did not assess its content, nor did they ask for details regarding terrorism crimes. In fact, one of its members made it clear to the deputies that their role is not to assess the suitability of the future law but only to analyze whether the appropriate technical procedures have been followed during its processing.
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