The Council of Europe has been at the center of the political dispute over the controversial amnesty law in Spain. The law was approved by the Congress after a prolonged negotiation with Catalan independentist parties. The Council of Europe’s Venice Commission, an advisory body, has concluded that the law does not violate the separation of powers as long as judges have the final say on its application. The Commission also suggested that the law should have been approved by a qualified majority but did not consider a constitutional reform necessary. The Popular Party has sought international input on the matter, including a debate in the European Parliament.
The journey of the law began with the presentation of a bill by the Socialist Party in November 2023. The bill was one of the demands made by Catalan independentist parties and was fast-tracked through the Congress despite opposition from the Popular Party. The Senate, where the law must also pass, changed its rules to follow the ordinary procedure. The Council of Europe’s Parliamentary Assembly then requested a study on amnesty requirements. The Senate, with a majority from the Popular Party, asked the Venice Commission to evaluate the law amid concerns from various sectors about its implications.
The Venice Commission accepted the task and appointed five international rapporteurs to assess the law. They visited Spain in February 2024 and met with various stakeholders, including government officials, legal experts, and representatives from Catalonia. The Commission’s provisional report, leaked in March, supported the general idea of amnesty but criticized aspects of the law and its handling. The final report, released in March, endorsed the goal of reconciliation but suggested a more precise definition of the law’s scope. It highlighted the deep divisions caused by the legislation.
The process of the law faced setbacks, including rejection by the Congress due to opposition from Junts, a Catalan party. Despite further negotiations, the law faced criticism for being rushed and causing societal division. The Venice Commission’s final report acknowledged the challenges but ultimately found that the law did not violate the separation of powers as long as judges have discretion in its application. The Commission’s recommendations included a more robust majority approval and clearer definitions of the law’s scope.
Overall, the amnesty law in Spain has sparked intense political debate and international scrutiny. The Venice Commission’s assessment has provided valuable insights into the legal and constitutional implications of the legislation. The government faces the challenge of addressing the criticisms raised by the Commission and ensuring that the law promotes reconciliation without undermining judicial independence. The outcome of this process will have implications for the rule of law and democratic governance in Spain.
