The former vice president of the Constitutional Court Eugeni Gay has assured that the amnesty law for the process that is being processed in Congress is not constitutional because the rule of law has no place and could create legal uncertainty by calling into question the equality of Spaniards.

“The amnesty law is not prohibited by the Constitution, but this law must be within the parameters of the rule of law,” stressed Gay, who spent ten years in the TC at the proposal of CiU and belonging to the progressive sector, in an interview. for RTVE’s Café d’idees, but at the same time he has stated that the PSOE proposal negotiated with the pro-independence parties “does not fit into the rule of law.”

To explain his point of view, the former magistrate has compared the bill with that of 1977 that applies “to all acts of political intention considered a crime during the dictatorship.” “Amnesties are to end moments of great conflict, to establish a rule of law,” the former vice president of the TC clarified. “But once the rule of law is established, it is the same that solves the problems,” explained the Catalan lawyer.

Gay recalled his words at a Bar Association event, where he commented that the content of the amnesty law was similar to a pardon. “People have been judged, part of them. And they have had a reprieve. Do the others have to be amnestied? Or do we have to pardon them?” the Catalan lawyer asked himself, after questioning that “for some there is a crime, and for others there is not because there is an amnesty law and there is a forgetfulness?”

“Where is the principle of equality among Spaniards?” the former vice president of the TC asked rhetorically. “If you want to pardon them, pardon them, but first let them go through the same trial that the other convicts went through,” Gay clarified, before defending the positive effects that, in his opinion, pardons have had on society.

“What I do not agree with is that this specific amnesty, regarding facts that have already been judged, fits into the rule of law,” stated the former magistrate. “Respect for the law is fundamental,” Gay highlighted and assured that “if some people have been tried and have been convicted, other people who have committed the same crimes can also be pardoned or acquitted.”

The former magistrate has regretted that the amnesty for “people who have not appeared, despite being summoned” would mean “forgetting”, and therefore has stressed that “there are no areas of impunity.” “Democracy falls when impunity spreads.” Gay has warned.

The Catalan lawyer has blamed the PP and the PSOE for blocking the renewal of the General Council of the Judiciary after stating that “it is the fault of both parties”, and has assured “when two people do not agree, it is either they are incapable of doing it or that there is a will not to do it. And both cases are perverse for democracy.”

Likewise, Gay has criticized the PP proposal to renew the system of election of CGPJ judges; “The rules are changed in the place where the rules have to be changed,” stressed the former magistrate, who has refused to allow the rules to be modified “by forcing the state.” “I don’t know if it is the responsibility of the PP,” commented the Catalan lawyer, but he stated that “in any case, it is very serious.”

The former vice president of the TC has regretted the current political situation; He “worries me that the parties that collect the vote of the vast majority of Spaniards are fighting all day long.” “Believing that the adversary cannot be right in some aspects leads to the impossibility of governing,” the former magistrate clarified, before remembering that “the government is not a single political ideology but rather the set of ideologies for living peacefully.”

In the same sense, Gay has aimed to address the question of the unity of Europe; “We will not stop being Catalans, and in the future, when Europe is united, no one will stop being what they are,” idealized the former magistrate, who has finished his reasoning after wishing for “a single country that will be all of humanity.” ”. “We are called to do this,” the former vice president of the TC concluded.