The Venice Commission, a consultative body of the Council of Europe, landed in Spain yesterday to analyze the technical and legal aspects of the Amnesty law, which is still undergoing parliamentary processing. His delegation arrived, took note, asked few questions and pointed out even less. What they did clarify is that their report, which will be presented after their plenary meeting convened on March 15 and 16, is not aimed at judging the suitability of the law, but at analyzing the alleged legal criteria .
This delegation of constitutional experts went to Spain to take an interest in the progress of the Amnesty law. They have not done so motu proprio, but at the request of the Senate, which has an absolute majority of the PP.
The party led by Alberto Núñez Feijóo is seeking support from the Venice Commission for its legal battle against the amnesty once it is approved. The PP knows that it cannot stop its entry into force, or even its effects. That is why his gaze is set on the Constitutional Court and mainly on the Court of Justice of the European Union (CJEU). People believe that, despite the clear progressive majority that currently exists in the guarantee body, a report from the Venice Commission against the amnesty would generate some pressure on the magistrates.
The Commission had set itself a demanding schedule: a visit to the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños; with the spokespersons of the Justice Commission of the Congress of Deputies; with the president of the General Council of the Judicial Power (CGPJ); with the judicial associations, and with the Senate.
What they found was an intensified political and judicial battle after the elections of 23-J and the preparation of the Amnesty law, together with accusations of lawfare, that is, a judicial persecution of political leaders. In his first meeting, Bolaños wanted to embody the goodness of the law to open a new stage of understanding and “its full conformity with the Constitution and EU law”. The minister showed full willingness to collaborate and express that the Government continues to work in favor of coexistence and harmony in Catalonia, the sources insist.
At the Congressional Justice Committee, the European delegation witnessed a polarized parliamentary debate. The experts just listened. They raised some technical doubt and hinted at some concern like the investigation commissions of Operation Catalunya.
Both the PP and the judiciary have raised the alarm because they say that the pro-independence parties intend to use these commissions on the Catalonia operation to summon judges who have brought some instruction linked to the process and accuse them of lawfare. As it is not a matter for the Justice Commission, the experts did not receive any response. Another of the questions raised was whether the law complies with the democratic process. At this point, the spokeswoman for the PP, Cayetana Álvarez de Toledo, made an alarmist speech saying that the rule of law is in danger in Spain. Vox alleged the existence of a coup d’état.
In contrast, the PSOE defended that the rule of law and democracy in Spain are stronger than ever, while the pro-independence parties defended the amnesty. Both Junts and ERC went back to the ruling of the Constitutional Court which declared unconstitutional part of the Statute of Catalonia in 2010 as the starting point of the Catalan conflict. ERC considered that the processing of the law is “respecting the separation of powers”, and the post-convergents rejected the accusations of terrorism during the process.
With Vicente Guilarte, president of the Council of the Judiciary, they felt the “concern and desolation” about the collateral damage that the Amnesty law is creating. They explained to the European delegation the insinuations of lawfare and the attacks by certain politicians on members of the judiciary. They could not comment on the legal background because the Council is waiting to draft a report on the law requested by the Senate.
The European delegation of experts took note and left.
