The Application of Evidence in the Constitutional Context

Open Government and Unpredictability in the Amnesty Law

The Minister of Social Rights of the Government of the Generalitat, Carles Campuzano, has stated that the Government is “open” to pardoning people who are not included in the amnesty law when, once it is approved – if it finally goes ahead -, It is up to judges to apply the law in each specific case. According to the minister, if there are people who are ultimately not included in the amnesty, the Government is open to resolving these situations through pardons.

Campuzano argues that there cannot be a 100% shielded amnesty law, since the laws are always subject to the control of judges in their application. However, he believes that the current text of the amnesty law resolves most of the people who have been subjected to repression. Furthermore, he accuses Junts of irresponsibility and little respect for those who could benefit, having voted against the amnesty at the last minute.

The Myth of the ‘Convergent Gene’ and the Unpredictability of Junts

Campuzano also maintains that the so-called ‘convergent gene’ within Junts is a myth, since if it existed, the amnesty issue would have been resolved a long time ago and would have already been agreed between all the parties involved in the negotiations. According to him, Junts is not Convergència, since it has something very little convergent, which is unpredictability. It should be remembered that the text of the amnesty was written in consensus between the PSOE and the Catalan independence movement, but Junts ended up voting against the text at the last moment

The Application of the Amnesty Law and Signs of Terrorism

Minister Campuzano has accused Junts of putting at risk people who could be excluded from the amnesty, such as those prosecuted for the Tsunami case and the Volhov case regarding the alleged Russian plot. The judge of the National Court Manuel García-Castellón sees signs of terrorism crimes in Carles Puigdemont and Marta Rovira, which has led Junts to vote against the text of the amnesty

The Possibility of a Constitutional Amnesty Law without Exclusions

MEP Toni Comín considers it possible to find a formula that makes the demands of Junts and those of the PSOE compatible with the amnesty law. According to him, the law cannot be passed as it is written now, as it would leave some people out. Comín defends that work must continue so that the two objectives are compatible and that no one is excluded

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