The proposal for an amnesty law registered by the Socialist Group in Congress is the greatest example of arbitrariness and the consecration of the institutional lie that our country has known in recent decades. The original falsity of the future norm is a glaring absence in its wording: that of its only and authentic motivation, which is none other than the perpetuation in power of the acting president. The government says that it is the "general interest" that justifies the

amnesty for crimes directly and indirectly linked to the

Process

- including charges of terrorism without a final sentence - when it is simply the political price paid for an investiture and to avoid alternation. Not one of his sentences can be read without remembering the words with which Pedro Sánchez acknowledged that amnesty was the "condition" for his political survival.

This vice of arbitrariness of power invalidates a

Immoral, Unconstitutional, and Inconvenient Initiative

, whose main beneficiaries, Carles Puigdemont and Oriol Junqueras, have not only drafted it, but also arrogate to themselves the right to decide on the materialization of the effects it supposedly seeks. In other words, Puigdemont reserves the possibility of breaking his agreement at any time and setting fire to the streets.

The PSOE thus accepts the blackmail of a fugitive whose conduct is eminently anti-democratic

. All this in the context of political pacts that exceed constitutional limits, since the Government will negotiate on the concession of fiscal sovereignty to Catalonia and a referendum on secession at bilateral tables with Junts and ERC.

The government is untruthful when it speaks of "concord" when it promotes its amnesty not by ignoring almost half of society, but by acting directly against it.

Following a plebiscitary reasoning, just one more vote in Congress legitimizes the overthrow of the constitutional order that precisely protects us

of the authoritarian pretensions of the majority, in a clear violation of the rights of the minority. The real effect is also the opposite of what is presumed: it is not coexistence that is generated, but a discord and a poisoning of personal relationships that are reminiscent of the worst moments of the

Process

.

Beyond the political nonsense,

The text is a legal nonsense

. First of all, because of the form: the government uses its parliamentary group to present a bill to present a bill, thus bypassing the impossibility of legislating for any acting executive. As for the content, the preamble twists the truth over and over again. It is uncertain whether the Constitutional Court has endorsed the constitutionality of the 1977 amnesty, when the Constitution did not even exist. It is uncertain whether the current measure can be compared with those approved, for absolutely different cases, in neighbouring countries. And it is uncertain whether the Cortes are sovereign, since they must always submit to the Fundamental Norm. The legislature cannot amend the Constitution without following the procedures required to do so.

The official argument is that the Constitution is cited in the text, when the reality is that Puigdemont openly refuses to renounce the unilateral path. It also underlines as a conquest that the

Lawfare

does not appear in the wording, when this is not necessary for its application and when the desired effect has already been achieved: the political - and intimidating - message that parliamentary commissions of inquiry will act as people's tribunals is established

de facto

, in an added blow to the delegitimization of judges. In fact

the PSOE goes further in its objective of tying the hands of the courts, by forcing the deactivation of the arrest warrant that weighs on Puigdemont even if the Supreme Court takes the law to the Constitutional Court

, so that the ex

President

he could return to Spain unhindered. For his part, Junqueras will be rehabilitated, as his disqualification sentence has been erased.

The Government

He claims to seek concord and encourages discord

. It claims to strengthen democracy and weaken it. But Sánchez has achieved what he needed: in exchange for the certain risk of breaking social coexistence, he secures the votes for his investiture, next Thursday. It is a high price: our country has never moved towards such a deep political confrontation since the Transition. Spanish democracy is more fragile today.

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