The Senate has filed an appeal for the Constitutional Court against its order of 11 June 2025 in which she refused to make seven provisional ruling on the legality of the amnesty law for the Court of Justice of the European Union (Tjue).
In the discount, the higher house accuses the TC of “A Violation of Articles 24.1 of the Constitutionof the article 6.1 of the Agreement for the Protection of Human Rights and fundamental freedoms and from the article 4.3 of the Treaty of the European Union “.
The higher house had asked the constitutional to be present Seven adverse issues on the Tjue. And that in this way he will delay his judgment about the amnesty law.
But the organ challenged by Cándido Conde-Pumpido He refused this request, as a similar driven by the popular party. The Constitutional maintains its calendar, already studies a favorable presentation of the standard and will dictate predictably next week.
The source, to which this newspaper has had accesswas submitted on Wednesday, after the higher house had received the constitutional order the day before. The speed is due to the fact that an appeal to plea, according to the law of the TC, can only be submitted “Within three days” And it must be resolved, “earlier public” for the parties “in the next two.”
The forerunners increased by the Senate with the compatibility of the Amnesty -standard for those involved in the Increase Independence with the law of the EU. But the constitutional refused to open the public process, claim that “there is no place, at this procedural moment” to discuss the provisional statement.
Six points
The senate’s profession affects six points. The first criticizes one “Insufficient defective”.
TC has not solved the claim of the Senate To raise the problems, but it was limited to confirming that the decision would be taken in the consultation of the plenary meeting. The signature of the signing camera, Francisco Javier by Piniés RuizHe claims that in this way, The TC denies “de facto” the petition “without justification”.
Second, the Senate understands that the TC “Limits the deadline unnecessarily” to ask the provisional statement. The Senate states that European and Spanish regulations do not set a term, except the limit of the ruling. In addition, remember that he submitted his application on 26 May, Before the TC declared the conclusion of the process.
Thirdly, the higher house emphasizes the coherence of its request for preliminary rounds. Writing was based on accusations and references to the European legislation.
Fourth, the Senate justifies his request for his status as a person and shares the interest of the plaintiff, in That amnesty has been canceled. And that he therefore has the right to ask the provisional decision because he is heard before the sentence.
Fifth, the Senate criticizes that if the goal is Guarantee the primacy of the European Union law in a preventive wayThe constitutional does not respect it. When postponing the decision until the decision, the TC refuses the request without justification and violates the case law of the Tjue and the ECHR.
Finally, the Senate underlines in sixth place that the judicial bodies have already presented “a maximum of four prejudices” on this law, the procedure must be “Previous, independent and with all the guarantees”. The public’s audience is mandatory, even if the petition of one of them comes.
Background
Amnesty’s law was agreed by the PSOE with ERC and Junts per Catalunya as Currency for the investment of Pedro Sánchez. This is understood by the European Commission itself, who described it as “Auto -amnestie in violation of the rule of law” in a response to the Tjue before another provisional ruling, presented by the Spanish court.
Brussels argues that the standard benefits those who were “necessary”, so that the law has been approved, so that one Impunity standard.
And despite this setback, the TC refused to wait for the tjue statement about the amnesty. Conde-Pumpido, even, ha Congratulated the vice president for the presentationThis endorses the central core of the law and only appreciates three minor reasons of unconstitution in the source of the PP.
Some magistrates call that writing from the European Commission to ask that the CT was not pronounced before the Tjue resolves. They believe it exists Risk of conflicts with the European Court And that “the wise” is to wait for his statement. But most of the TC rejected it.
Spain in the EU
The debate about the rule of law in Spain is in the center of the European agenda. The European Parliament approved its opinion on Wednesday to the Report about the rule of law 2024 in the EU, in which he expressed his concern about ” Attacks on judges and public prosecutors“, for the” instrumentalization of justice “and for” Indults and amnesties motivated by political interests“
The report does not quote countries, but the changes and the debate have made it clear that the government of Sánchez “is under the focus,” said the sources of Eurocamara. And moreover it was celebrated in the afternoon A monographic debate about the regression of the rule of law in SpainWith critical interventions from Eurodiputados from different countries.
The Dutch Liberale EuroDipute Dirk -Groups warned: “The rule of law is not only eroding, it is also dismantled from the insideBecause the government chairman does that himself. Personal and political advantage“
Brussels will publish its new annual report on the rule of law over three weeks. The 2024 already warned of the need to ‘strengthen the trust of the public in institutions’.
