With the possibility of introducing further changes in the Amnesty law closed, Junts has registered in Congress an amendment to another project to reform the criminal procedure law (Lecrim) so that a public position can be maintained when a final indictment order is issued for terrorism that involves imprisonment.
It is one of his amendments to the so-called omnibus law decree, which is being processed as a bill, with which he also proposes eliminating from the civil procedure law the article that provides for the suspension of procedures when a judge raises a preliminary question to the Court of Justice of the European Union, a point that was agreed in January with the PSOE.
Junts has decided to maintain some of its demands during the processing of the amnesty law and include them as amendments in the “bill of urgent measures for the execution of the Recovery, Transformation and Resilience Plan”, a rule that the Government approved as a decree and which includes reforms in matters of justice, public service, local government and patronage.
In its argument to repeal article 384 of the Lecrim, which provides for the suspension of public positions for those formally prosecuted for the activities of armed gangs or terrorism, Junts recalls that this article was born at a certain historical moment, with an armed gang in mind. that acts to sow terror and undermine the foundations of democracy.
Now, they affirm, it is an “obsolete” norm that has been “tortoriously used to prevent the legitimate exercise of the political rights of those who simply profess certain ideologies that are not liked by the dominant sectors in the highest levels of the Judiciary.”
Junts also recalls opinions from the United Nations Human Rights Committee and the Venice Commission, which call for caution when suspending an elected official.
With another of its amendments, which the PNV has also registered, Junts proposes eliminating the new article 43 bis of the law of civil procedure, which says that when a judge raises a preliminary question to European justice to clarify the application of community law the The process will be suspended until a response is received.
Junts believes that this article could jeopardize the application of the amnesty law and, when the decree reached the plenary session for validation, the socialists agreed to delete it in order to move forward with the norm, which depended on the vote of their Catalan allies.
The group maintains in its amendment that the suspension sine die or for very long periods of time of the procedures can be “highly harmful” for those affected. The PNV proposes eliminating this article considering that it is not necessary.
