That the legislature will be complicated for Pedro Sánchez is taken for granted. It depends on a single arithmetic that goes through Catalan independence. Together, he has already shown his teeth before the end of the year and yesterday threatened the Spanish Government to overturn in the Congress of Deputies its first decree law, the one approved by the Council of Ministers on December 19 on measures related to the public service of justice, civil service, local regime and patronage, because it would “put at risk” the application of the amnesty.
The article that causes the discord is the 43 bis, which would be added to the law of Civil Procedure and which allows any court to leave in abeyance the effectiveness of any rule at the time that a prejudicial question is raised in the Court of Justice of the European Union (CJEU) to decide whether it is within the parameters of the EU.
This would affect the amnesty, as it would enable the Supreme Court (TS) and any other court to suspend the application of the law of criminal oblivion despite the fact that it has been approved by Congress. And the CJEU may take a couple of years to decide whether European law is appropriate.
JxCat’s disagreement was made public by Míriam Nogueras, deputy in Madrid. Junts sources argue that article 43 bis gives the Supreme Court another tool to act. “We want the TS to be able to intervene as little as possible”, they argue, at the same time assuring that, despite knowing that that 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, should it be validated in Congress, would enter into force on March 20, when, according to the script, the amnesty would complete its legislative course in April.
But from the Central Government remember that the inclusion of 43 bis in the royal decree “doesn’t change anything”. Currently, when a judge submits a preliminary question to the CJEU, the European judicial body requires that, while it studies the question, the application of any law is suspended.
Also consulted, ERC maintains, like the Spanish Government, that the 43 bis does not change anything and they show tranquility in the face of the initiative of the Sánchez Executive.
Moncloa also confirms that it is only complying with the requirements of the European Commission by adding that requirement in a national law. It demands it as a milestone for speeding up the judicial procedures and makes the sending of another package of billions of euros in Next Generation funds conditional on the inclusion of that article, in addition to other aspects.