The official publication of the Amnesty Law
After being approved by the Congress of Deputies last May 30, the Amnesty Law has reached its final stage with its official publication in the Official State Gazette (BOE). This publication is an essential step for the law to enter into force and for those affected to be able to claim its immediate application before the courts.
Publication in the BOE gives the law the presumption of legality, constitutionality and legitimacy, according to the Prosecutor’s Office. This means that the law must be applied or, at the very least, assessed by the competent courts when called upon.
Legal implications of the Amnesty Law
Both the defenses of the amnestied and the Prosecutor’s Office have taken steps to prepare for the application of the law. The defenses have drawn up letters to claim the application of the law by their representatives, while the Prosecutor’s Office has drawn up a list of criminal and administrative cases to be able to intervene in the amnesty processes.
The State Attorney General’s Office has held meetings with the prosecutors delegated in Catalonia, the National Court’s prosecutor’s office, the Constitutional Court and the Supreme Prosecutor’s Office to coordinate action and establish common criteria in the application of the law. However, unlike the 1977 amnesty, the prosecution will not issue any enforcement instructions.
The entry into force of the law may have important political implications, especially in the Spanish and Catalan political context. The possible return of President Carles Puigdemont and other exiles could be facilitated by the amnesty, as arrest warrants could be lifted. This could have repercussions in a future investiture debate and in the political situation in Catalonia.
conclusion
The official publication of the Amnesty Law in the BOE marks an important step on its way to implementation and its legal implications. Both the defenses of the amnestied and the Prosecutor’s Office have prepared to face the amnesty processes and establish common criteria for their application. In addition, the amnesty can have significant political consequences in the Catalan and Spanish context.
