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The Constitutional Court's accelerated approval of the controversial amnesty

The Constitutional Court's accelerated approval of the controversial amnesty

The Constitutional Court's long-awaited decision to uphold the bulk of the controversial Amnesty Law for those responsible for the independence process does not close the debate on a law that has profoundly fractured society and the judiciary. First, the ruling is based on a narrow majority of 6 to 4 among the members of the court who participated in the process, unlike the rulings during the coup attempt, which were all approved unanimously.

A value that should have been upheld in such a delicate matter as the challenge to "the constitutional order, the unity of the State, and national sovereignty" by Catalan institutions, as recognized by the Constitutional Court's own ruling. Second, due to the evident self-amnesty inherent in the regulation, tailored to the needs and wishes of its beneficiaries, as European Commission jurists pointed out in the document submitted earlier this month to the Court of Justice of the EU within the proceedings it is conducting at the request of the Court of Auditors for the use of public funds for partisan purposes.

Finally, to avoid the potential clash of legitimacy that could arise if the EU courts ruled against the body chaired by Cándido Conde-Pumpido. Although this first ruling does not address the embezzlement charges still pending against Puigdemont and Junqueras, some members had therefore requested a delay in deliberations on the report, but the progressive bloc has imposed its steamroller to validate the dismissal of the criminal cases related to the independence process.

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