The Constitutional begins the debate about amnesty with the aim of not prolonging deliberations | Spain

The Constitutional celebrates On Tuesday his first plenary dedicated to the amnesty law with the intention that the sentence that will endorse the standard is ready at the end of June or at the latest July. Progressive magistrates work with this calendar despite the resistance of the conservative sector, which has tried to delay the ruling with various initiatives.

The court is working with the idea that during the deliberation of the norm, this block will insist that the guarantee body should wait for European justice to rule the law, suspending the sentence until then. This thesis has no chance to prosper, since the progressive group, currently, rejects it flat, according to sources of the institution.

The first approach to the draft sentence – distributed to the magistrates last week – will consist of the presentation and defense of the proposal of the Vice President of the Court, Immaculate Montalbán, which has directed the team of lawyers that the text has prepared. The presentation includes some studs to secondary aspects of the law, but in court it is taken for granted that the true battle will go further and will focus on an amendment to the entire conservative block, which considers the figure of the amnesty directly unconstitutional.

This sector, composed of four magistrates after the challenge of José María Macías, has assumed that he is in a minority and assumes that his opposition to the presentation has no possibility of being accepted. The progressive group, in turn integrated by six magistrates after the abstention of Juan Carlos Campo, does not present fissures and lacks doubts about the constitutionality of the law. In fact, the most relevant factor that It remains to be clear is the date of the vote of the sentence. The first idea was June 26, but the conservatives have returned to put the petition on the table to prolong the period of the study of the presentation, something that the president of the court, Cándido Conde-Pumpido. It has been the magistrate of this sector, Enrique Arnaldo, who has been addressed by letter to the President to enable the plenary sessions to the 7th and 21st of the month of July to continue analyzing the text. Tribual sources discard this possibility, since they consider that there will be enough time with the three days of plenary deliberations that will be held between June 24 and 26.

In the Constitutional they assume the possibility of postponing until July 7, but this will only happen if it is verified that the interventions of the magistrates extend beyond the usual. Whatever the vote and its foreseeable result in favor of the constitutionality of the law, the conservative block will not give oppose frontally to this standard now. The Constitutional will leave after summer the resolutions related to the four issues of unconstitutionality presented by judges and courts, including that of the Supreme, and the challenges of the Autonomous Communities of the PP, together with the admission to the process of the request of the amparo request that, surely, will present Puigdemont later. You can do it when you have exhausted your resources to the Supreme, where you now have a matter of nullity.

The appeal for Puigdemont amparo will be filed against the inapplication of Amnesty’s law to his case – in concrete to the crime of embezzlement -, a factor that continues to delay his possible return to Spain. The guarantee body contemplates the possibility that the eventual concession of the amparo to Puigdemont ―oa Junqueras, which can arrive before, because it has already presented it – is followed by a hypothetical consultation of the Supreme to the Court of Justice of the European Union (TJUE) on the compatibility of the amnesty with European law.