Post by soyeb19 on Feb 18, 2024 4:49:22 GMT -5
The professor of Constitutional Law at the University of Castilla la Mancha and recently appointed PP deputy for Ciudad Real, Enrique Belda , assures that proposing an amnesty law in exchange for the support of the Catalan independence parties for the investiture of Pedro Sánchez, would be “ a mockery of article 9 of the Constitution ”, which establishes that citizens and public powers are subject to the Constitution and the rest of the legal system and guarantees the principle of legal certainty.
Although there are contrary readings and there are jurists of recognized prestige such as Pérez Royo who have expressed themselves in favor of the constitutional fit of an amnesty law, there are also those who consider that, in addition to article 9, it would imply a violation of article 14, relating to equality. or even 117 , on jurisdictional power. The acting vice president herself, Yolanda Díaz, a jurist, stated yesterday that an initiative of this type, which has not yet been officially proposed, would not present any constitutional problem . It would not be the first amnesty law in our democratic history .
Belda, who has returned to Congress where he was already between 2000 and 2004, considers it absurd that “by overriding what the judiciary has decided, a parliamentar Whatsapp Databasey majority can prevent a person from being tried according to an absolutely criminal code.” democratic. No one is above the law and that condition cannot be put on the table. It is not in accordance with the Constitution. An amnesty based on a series of circumstances previously established with all legal guarantees, which have nothing to do with pardoning a person in exchange for a vote , since that would have to be studied and the right of pardon appears in the Constitution, but renouncing Judging is not in any democratic constitution,” he says in an interview with Economist & Jurist .
For the rest, he is also in favor of reforming the pardon law but “the reform must be marked by a need of society, not by a need of a political nature. "You cannot legislate for one or two or three, but rather for a generic problem," he says in clear reference to the situation arising from the demands of Junts and Esquerra.
Although there are contrary readings and there are jurists of recognized prestige such as Pérez Royo who have expressed themselves in favor of the constitutional fit of an amnesty law, there are also those who consider that, in addition to article 9, it would imply a violation of article 14, relating to equality. or even 117 , on jurisdictional power. The acting vice president herself, Yolanda Díaz, a jurist, stated yesterday that an initiative of this type, which has not yet been officially proposed, would not present any constitutional problem . It would not be the first amnesty law in our democratic history .
Belda, who has returned to Congress where he was already between 2000 and 2004, considers it absurd that “by overriding what the judiciary has decided, a parliamentar Whatsapp Databasey majority can prevent a person from being tried according to an absolutely criminal code.” democratic. No one is above the law and that condition cannot be put on the table. It is not in accordance with the Constitution. An amnesty based on a series of circumstances previously established with all legal guarantees, which have nothing to do with pardoning a person in exchange for a vote , since that would have to be studied and the right of pardon appears in the Constitution, but renouncing Judging is not in any democratic constitution,” he says in an interview with Economist & Jurist .
For the rest, he is also in favor of reforming the pardon law but “the reform must be marked by a need of society, not by a need of a political nature. "You cannot legislate for one or two or three, but rather for a generic problem," he says in clear reference to the situation arising from the demands of Junts and Esquerra.