The Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, considered this Thursday as a “misunderstanding” that Junts refuses to validate in Congress the so-called omnibus decree, approved on December 19, understanding that it may affect the application of the amnesty for Catalan independentists.
Bolaños made this call to the PP at a press conference at the headquarters of his department, where he appeared after meeting with the presidency of the General Council of Spanish Lawyers, Victoria Ortega.
During this appearance, the minister was asked about the announcement by the Junts spokesperson in Congress, Míriam Nogueras, that they will not support in Congress the validation of the omnibus decree, much of which refers to the digitalization of the courts. According to Carles Puigdemont’s training, there is a point in this initiative that “puts the amnesty at risk.”
This party thus alluded to article 43 bis of the decree, which would be added to the Civil Procedure Law. This point allows any court to suspend the effectiveness of a rule if it refers a preliminary ruling to the Court of Justice of the European Union (CJEU). This could affect the amnesty, since it would not be applied immediately if a Spanish magistrate appeals it before the community magistrates.
In this regard, Bolaños referred to the fact that there has been a “misunderstanding” with this decree, since it does not introduce “anything new” regarding the prejudicial issues.
He explained that what article 43 bis does is transfer to Spanish legislation an “absolutely peaceful jurisprudence” on this aspect of appeals before the CJEU. He indicated that no changes are being introduced, but that something that was already being done and that Brussels asked to incorporate into the Spanish rules to allocate community funds that were pending is applied.
He added that some “recommendations” made by the CJEU are incorporated and that the rest of what is related to preliminary rulings remains “exactly the same.”
On the other hand, the minister called it “incomprehensible” that the PP does not want to approve the decree approved this Wednesday by the Government with measures to confront inflation and the consequences of the Russian invasion of Ukraine. He highlighted that what is being done is maintaining measures, such as discounts on public transportation, that benefit a majority of citizens.