Marisa Cruz Madrid
Martha Belver
Madrid
Updated Tuesday, January 30, 2024-00:06
Politics The PSOE accuses the judges of trying to boycott the amnesty: "Every time the Executive moves a chip, a judge moves a chip"
Courts Judge García-Castellón extends the Tsunami case and affirms that the objective was to "subvert the constitutional order"
The PSOE still maintains an open crack through which new changes could be introduced in the Amnesty law proposal to satisfy the demands of Junts and ERC. The pro-independence formations benefiting from the grace measure do not give up their efforts to protect the absolute erasure of any crime committed under the umbrella of the
process
or that was related, even distantly, to it and, in addition, to short-circuit any obstacle that the judges could impose the immediate and extensive application of the amnesty.
This Monday, Ferraz avoided confirming whether they will accept new amendments to the text or whether they have already definitively closed it after those approved last week in the Justice Commission.
"Right now there is no change on the table, what there is is time," the new PSOE spokesperson,
Esther Peña
, pointed out at midday . "Evidently the parties, all of them, continue talking and until the vote is held tomorrow afternoon [for this Tuesday] there is only 24 hours," he added, leaving the door open to the incorporation of more demands by Junts and ERC. during the debate in the Plenary of Congress.
In the majority party of the Government they emphasize that they are "comfortable" and "satisfied" with the text that came out of the commission last Tuesday and insist on the argument that it cannot be overturned in court: "The document is sufficiently robust and fully constitutional, it is impeccable in its legislative processing and that is where we are.
However, this statement is the same one that was used when the bill was registered in the House. Then they also assured that the text had been measured to the millimeter, that it was fully constitutional, that it had no Achilles' heel and that going beyond its strict content would mean crossing red lines, something that neither the Government nor the PSOE were willing to do. However, it was only necessary for the independence movement to exert pressure for the firmness to decline and to accept introducing substantial changes.
Now, the touch-ups are more complicated but not impossible. The way that the Government would have to comply with the requests of Junts and ERC would be for PSOE and Sumar to vote in favor of the amendments that these two groups keep alive for debate in today's plenary session. The Regulation only allows the introduction of new transactional amendments in this process if they have the acceptance of all groups.
List of excluded crimes
The amendments that keep the Catalan formations in force are very important. Among them is the one that seeks to modify the list of crimes excluded from the amnesty so that there is no reference to acts classified as terrorism. With this, they would be able to neutralize Judge
García-Castellón
's accusations
against secessionist leaders, including
Carles Puigdemont
and
Marta Rovira
, for their alleged connection with the serious altercations and attacks committed against police officers in the fall of 2019 after the Supreme Court's ruling on the
process
_
They also demand that crimes "of treason and against the peace or independence of the State and related to National Defense" be deleted from the list of exclusions. This would short-circuit any possible accusation arising from the investigations carried out by the head of the Investigative Court number 1 of Barcelona,
Joaquín Aguirre
, on the so-called Russian plot of the
process
.
Furthermore, they demand that the amnesty be applied without limitations to those who collaborated, assisted, advised or protected the independence leaders, so that people such as, for example,
Gonzalo Boye
, Puigdemont's lawyer or the
police officers
who accepted, can benefit from the measure of grace.
perform escort duties for the former president of the Generalitat when he escaped from Spain.
Another of the amendments that remains alive and that will be put to the vote today is the one that proposes extending by two months the period that the amnesty would affect so that it extends from November 1, 2011, instead of January 1, 2012. , until November 13, 2023. If this amendment is accepted, the explanatory memorandum, article 1 of Title 1, and article 3 of Title 1 of the bill would have to be modified.
The pro-independence supporters also demand that a new additional provision be added establishing that appeals for disagreement with European standards or with the jurisprudence of the
Court of Justice of the EU
"will not affect the validity and general applicability" of the amnesty. This would be, as the pro-independence groups state in their justification, to shield all those situations that arise as a result of the raising of questions of unconstitutionality and against any action by the judges that could reduce the effectiveness of the grace measure.