That the legislature will be complicated for Pedro Sánchez is taken for granted. It depends on a single arithmetic that involves the Catalan independence movement. Junts has already shown its teeth before the end of the year and this Wednesday has threatened the Government with overturning in Congress its first decree law, the one approved by the Council of Ministers on December 19 on measures related to the public justice service , public service, local regime and patronage, because “it would put at risk” the application of the amnesty.
The article that causes discord is 43 bis, which would be added to the Civil Procedure Law and which allows any court to suspend the effectiveness of any rule at the time a preliminary question is raised to the Court of Justice of the Union. European Court (CJEU) to decide whether it is within the parameters of the EU.
This would affect the amnesty, since it would enable the Supreme Court (TS) and any other court to pause the application of the criminal forgetfulness law despite being approved in Congress. And the CJEU may take a couple of years to decide whether it complies with European law.
JxCat’s disagreement was made public by Miriam Nogueras, a representative in Madrid. Junts sources argue that article 43 bis gives the Supreme Court one more tool to act. “We want the TS to be able to intervene as little as possible,” they argue, while ensuring that despite knowing that this article must be included in the royal decree by design of the EU, “it can perfectly be approved later so that it comes into force.” “Once the amnesty is approved and there is no going back.” Currently, the law, if validated in Congress, would come into force on March 20, when according to the script the amnesty would complete its legislative journey in April.
But the Government remembers that the inclusion of 43 bis in the royal decree “does not change anything.” Currently, when a judge presents a preliminary ruling to the CJEU, the European judicial body demands that the application of any law be suspended while the matter is being studied.
Also consulted, ERC maintains, like the Government, that 43 bis does not change anything and they show calm regarding the initiative of the Sánchez Executive.
Moncloa also confirms that it is merely complying with the demands of the European Commission by adding this requirement to a national law. It requires it as a milestone in streamlining judicial procedures and makes the sending of aid from another package of billions of euros in Next Generation funds subject to the inclusion of that article, in addition to other aspects.
