Spain’s Constitutional Court has given the green light to the controversial Amnesty Law. After 392 days and intense debates, the bill passed the court’s review on Thursday, despite resistance from conservative judges and a complaint filed by the People’s Party (PP).
The Amnesty Law, whose final approval in the Congress of Deputies dates back over a year, has now cleared the last judicial hurdle. The lawsuit filed by the People’s Party, which vehemently argued against the regulation, did not find a majority in the Constitutional Court’s plenary session. The vote revealed a deep division between progressive and conservative judges, further exacerbated by the absence of two judges who recused themselves from the debate.
Progressive Majority Prevails
Led by Cándido Conde-Pumpido, the six progressive judges voted in favor of the draft prepared by Vice-President Inmaculada Montalbán. Sources from the guarantor body spoke of a result that remained almost unchanged “with some aesthetic touches.” On the other hand, conservative judges Enrique Arnaldo, César Tolosa, Concepción Espejel, and Ricardo Enríquez voted against the report and announced their intention to issue dissenting opinions on the ruling.
Neither progressive judge Juan Carlos Campo, who recused himself due to concerns about his impartiality, nor conservative judge José María Macías, who was removed by the plenary for the same reason, participated in the crucial debate.
Intense Debates and Rejection of ECJ Referral
The approval of the Amnesty Law, which largely dismisses the PP’s appeal, followed a week-long plenary debate by the guarantor body. From the outset of deliberations on Monday, the first decisive question was addressed: The progressive majority firmly rejected referring the matter to the Court of Justice of the European Union (ECJ). The conservatives’ goal had been to clarify doubts about the Amnesty Law’s compatibility with European law through such a request and to suspend deliberations until an answer from Luxembourg was received. This plan was thwarted on Monday.
During Tuesday’s debate, the progressive majority held that the Spanish Constitution fundamentally allows for amnesties as an abstract legal concept. Conservative judges, however, argued that amnesties are prohibited because the Constitution forbids general pardons – even if the Magna Carta does not explicitly state this in its articles.
The Constitutional Court’s ruling marks a significant moment in Spain’s recent political history and will have far-reaching implications.
