The majority of the Constitutional Court considers that amnesties, in the abstract, are within the Constitution.

The majority of the Constitutional Court (CC) has ruled that amnesties, in the abstract, are within the Constitution and that the legislature can therefore pass such laws. This conclusion was reached by the full court, which is deliberating on the PP's appeal against the amnesty law.

Ten Constitutional Court judges continued their debate on the amnesty law for the second day on Tuesday, in a plenary session dedicated exclusively to addressing the PP's appeal against the law that eliminates criminal, accounting, and administrative liability in the "procés" cases between 2011 and 2023.

According to legal sources, "the majority opinion of the judges has held that the Constitution does not prohibit it and that, therefore, the legislature can pass amnesty laws." The plenary session "continues deliberating."

The Constitutional Court, with a progressive majority, is debating the PP's appeal in several blocs, although it will postpone formal votes on the various components until the end, following a debate that will last several days.

Six progressive judges and four from the conservative bloc are considering the draft proposed by Vice President Inmaculada Montalbán, who generally supports the law, considering that it is in line with the Constitution, is not arbitrary or motivated by a whim, and that the reason for the law is "legally irrelevant."

However, it proposes changes to three elements: it states that events after November 13, 2023, are not eligible for amnesty, it extends the pardon to protests against the "procés," and it requires that all parties be heard before proceedings before the Court of Auditors can be closed.

On the first day of deliberations, the majority of the Constitutional Court opposed requesting and waiting for a ruling from the Court of Justice of the European Union (CJEU) before issuing a ruling. This Tuesday, a majority ruled that amnesties are within the Constitution.

Two sections remain to be debated: the grounds for the PP's appeal regarding the complete unconstitutionality of this specific amnesty and the challenges to specific articles.

This special session is open until Friday, although the initial intention is to vote on Thursday, barring any unforeseen events or delays, legal sources told EFE.

Everything indicates that the progressive majority will support the draft amnesty, despite the conservative minority's rejection. This ruling will pave the way for the remaining thirty appeals being processed by the court, which will not be heard until after the summer.