The Constitutional Court currently has 12 appeals against the amnesty law for the defendants in the Catalan independence process. The Supreme Court initiated the first appeal in July, and in the recent days, ten more appeals have been filed, driven by the PP and various regional governments such as Madrid, Murcia, Andalucía, Cantabria, Aragón, Galicia, and Comunidad Valenciana. The appeal has also been joined by the government of Castilla-La Mancha. Additional appeals are expected to be filed by the governments of Comunidad Valenciana, Extremadura, Baleares, and Castilla y León. The Supreme Court highlighted violations of the right to equality before the law, the principle of legal certainty, and, in a subsidiary manner, the principle of judicial exclusivity.
The principle of equality is the main legal argument of all appeals filed against the amnesty law. The Supreme Court’s appeal criticizes the differential treatment provided by the amnesty to those who committed crimes with the intention of promoting Catalan separatism, compared to those who committed similar crimes for other reasons. The Madrid government describes the amnesty as a “privileged status” that protects “illegal acts”. The Murcia government also notes the violation of constitutional equality, stating that it results in discrimination where individuals convicted of the same crimes may or may not be exempt from penalties based on their political motivations.
Legal certainty, defined as the reasonable expectation of citizens regarding the application of the law by authorities, is another principle affected by the amnesty. The law places the burden on judges to determine, without a legal basis, whether specific actions related to independence aspirations warrant amnesty. The violation of the principle of judicial exclusivity is also cited by the appeals, as the Constitution assigns the exercise of judicial power solely to courts, undermining the separation of powers. The amnesty law is perceived as infringing on the fundamental principles of the rule of law.
The appeals also point out other arguments regarding the constitutionality of the amnesty law. The lack of justification for granting amnesty solely to the Catalan independence defendants is highlighted as arbitrary and lacking objective reasoning. The failure to adhere to the requirements set by the Constitutional Court for recognizing a law as exceptional is also mentioned, as the amnesty law does not provide a rational explanation for singling out these specific defendants. Additionally, the economic implications of the amnesty, including the forgiveness of financial responsibilities imposed by courts, are criticized for undermining financial equality among citizens.
In summary, the appeals against the amnesty law for Catalan independence defendants focus on violations of the right to equality, legal certainty, and judicial exclusivity. The differential treatment provided by the law based on political motivations, the uncertainty it introduces in legal proceedings, and its encroachment on the exclusive authority of the judiciary are the key issues raised. The lack of justification for singling out specific defendants, as well as the economic implications of the amnesty, are also cited as unconstitutional aspects of the law. The Constitutional Court will have to consider these arguments in evaluating the legality of the amnesty law.
