Petition No 0542/2024 by E.M.B. (Spanish) on the rule of law in Spain
2 Supporters
Status: Available to supporters
The petitioner expresses concern regarding the "amnesty law" proposed by the current Prime Minister of the Spanish Government. In his view, this law, intended to be passed by an absolute majority in the Congress of Deputies, contradicts the Spanish Constitution, which mandates a reinforced bicameral majority of three-fifths for constitutional reforms. According to the petitioner, the proposed law contradicts established legal principles and constitutional requirements in many ways: the Spanish Constitution, in Article 62(1), grants the King the right of pardon but prohibits general pardons, and does not mention amnesty. Therefore, the proposed amnesty law lacks legal protection under Spanish law. In addition, the petitioner argues that: - the approval of the amnesty law by a mere absolute majority violates Article 62(1) and Article 167(1) of the Constitution, which require a three-fifths majority for constitutional amendments; - Article 102(3) of the Constitution states that the royal prerogative of pardon does not apply to offenses against the state committed by government members, including those of autonomous communities; - Article 592(3) of the Criminal Code penalizes actions that compromise the authority or dignity of Spain with prison sentences, highlighting the severity of offenses against the State; - Secessionist parties in Catalonia and the Basque Country have been declared legal by the Supreme Court but should participate in elections without casting decisive votes; - Analogous to the Horizontal Property Law, defaulting owners can participate in meetings but lack voting rights until their debts are paid. Similarly, secessionist parties can engage in deliberations without voting rights, as per Article 4(1) of the Civil Code; - The Constitutional Court must operate within the legal framework. Article 23(1)(7) of its Organic Law requires magistrates to leave office if found civilly or criminally liable. Article 24 allows for the suspension of magistrates pending such decisions, and Article 26 states their criminal liability is adjudicated by the Supreme Court's Criminal Division.The petitioner therefore calls on the EU to oppose to its approval.