A Historic Decision
On Thursday 30-M the State Congress definitively approved the organic law that will leave without any effect all the conduct included in its perimeter, which were the subject of a criminal conviction, definitive or still in the appeal phase, as well as all the criminal investigations of this class of conduct, despite the almost seven years that have passed since the fall of 2017.
This decision represents a turning point in democratic history, since amnesty is an exceptional measure that can only be justified by very powerful reasons for restoring democratic coexistence.
Restoration of Democratic Coexistence
The needs to restore coexistence are intimately linked with the absolutely disproportionate and substantially illiberal reaction of the State Attorney General who took office in October 2017 and of a few, but very influential, criminal jurisdictional bodies.
This exceptional measure shows the need to fix the significant damage caused to the coexistence of the Catalan nation by serious and recent mistakes by the State.
Comparison with Other Democratic Contexts
The comparison with other democratic contexts, such as that of Quebec governments, highlights the exceptional nature of this amnesty. Quebec governments called self-determination referendums without resorting to criminal action against the convening authority, demonstrating another way of democratic management.
It also shows how a current of prosecutors and judges could see rebellions or terrorism where there was only the exercise of politics and the parliamentary mandate, calling into question the very functionality of Spanish democracy.
Future Outlook
The organic amnesty law will soon be applicable law, and the possibility is raised that the criminal court of the Supreme Court will take the Puigdemont case to the Court of Justice of the European Union. This situation could generate a response that clearly disqualifies the exhibition considered by the Spanish high court, highlighting the need for consistency with European law.
Ultimately, the amnesty law represents an opportunity to restore democratic coexistence and correct the mistakes of the past, opening the door to a new stage of dialogue and reconstruction.
