Amnesty Is Constitutional because Not Expressly Prohibited, According to High Court
- The Spanish Constitutional Court ruled in 2025 that the parliamentary amnesty law is constitutional as it is not expressly prohibited by the Constitution.
- This ruling followed intense political negotiations involving Sánchez and Puigdemont, with critiques warning the amnesty is immoral and divisive but acknowledging Parliament's broad legislative powers.
- The rapporteur Inmaculada Galván emphasized the amnesty aims to promote reconciliation and is a legitimate exercise of lawmakers' prerogative, not a whimsical decision.
- Judicial authorities, including top courts and legal associations, expressed doubts about the law’s alignment with constitutional and European standards, while media outlets offered contrasting views on its validity and effects on the formation of the government.
- The ruling implies Parliament can enact controversial laws if not constitutionally banned, leaving political disputes over the amnesty's morality and consequences unresolved.
24 Articles
24 Articles
The draft ruling favorable to the law, if approved in the coming months, will not address the cases of the former Catalan president and the leader of ERC to which the Supreme has refused to forgive his impeachment for embezzlementThe Constitutional paper on amnesty partially estimates the PP's appeal but endorses the bulk of the law The amnesty law has fulfilled its first year in force with more than 300 beneficiaries and a key detail for the fu…
The draft ruling with which the Constitutional Court is working to rule on the Amnesty Law endorses, as it stands, the most controversial rule in the...
A year after the adoption of the amnesty law, the future of those who were presumably to be their main beneficiary, fugitive Carles Puigdemont, remains in the air without the increasingly predictable endorsement of the progressive majority of the Constitutional Court (TC) to the norm guaranteeing the return of Junts leader without risk of being arrested.
The Constitutional Court will determine that the bulk of the Amnesty Law enacted by the Government to save the Catalan independence leaders who were part of the proces is compatible with the Constitution. As several media advance this Sunday, it is what is reflected in the sentence that in the next few days, ten Constitutional judges (six progressives and four conservatives) will study.The judges plan to resolve on June 24 the appeal presented b…
At the request of the mayor, Hugo Motta (Republicanos-PB), the leader of the Bill in the House, Congressman Sóstenes Cavalcante (PL-RJ), drafted an alternative text to the amnesty bill that reached the Constitution and Justice Committee (CCJ) last year. The new wording pardons those involved on January 8 and limits the benefit to the demonstrators. In addition, it recognizes that the acts “resulted in the depredation of public and private assets…
Amnesty is constitutional because not expressly prohibited, according to high court
The Corner The draft of the ruling on the amnesty that the magistrates appointed by the PSOE are going to approve in the Constitutional Court has now been revealed. After mentioning the word “reconciliation” 14 times – curiously, since yielding to Puigdemont’s blackmail has divided Spanish society in two – the rapporteur of the ruling, Inmaculada Galván, adopts Sánchez’s discourse – who always maintained that amnesty did not fit within the Const…
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