Amnesty Request
The leader of the Esquerra Republicana parliamentary group, Josep Maria Jové, has requested the Superior Court of Justice of Catalonia to consider the application of the amnesty law related to the independence process. According to party statements, Jové opposes referring the rule of criminal oblivion to the Court of Justice of the European Union.
The Position of Lawyers
The lawyers representing Jové, Andreu van den Eynde and Ramón Setó, argue that it is not necessary to raise questions of unconstitutionality or prejudicial questions before European justice in the context of the case that involves ERC leaders in the organization of the referendum of 1 October. The criminal lawyers point out that the consultations with Europe have a clear objective: to clarify the application of European law in specific cases, and they consider that it is not necessary in the case of their client.
Reaction to the Supreme Court
The request comes just after the Supreme Court announced that it would take the amnesty law to the Constitutional Court, noting that this law could contradict fundamental principles such as equality and legal certainty.
Case Context
On July 9, the Superior Court of Justice of Catalonia determined that it should apply the amnesty law to Josep María Jové and Lluís Salvadó, who faces a possible sentence of 7 and 6 years in prison respectively, for the crimes of prevarication and embezzlement of funds in relation to the organization of the referendum. The court considered that there was no personal enrichment from the related expenses, which according to the regulations avoids the elimination of criminal liability.
Implications of Legality
Despite the tendency to apply the amnesty law, the high court expressed certain
Reservations and Questions
reservations
about its legality, mentioning the possibility of consulting the Constitutional Court or the Court of Justice of the European Union, since it perceives risks around arbitrariness and the equality of citizens before the law.
Solid Defense
Lluís Salvadó’s defense, led by criminal lawyer Josep Riba, also supports the application of the amnesty, arguing that there is no doubt that the law should apply to both. Also in this case is the acting Minister of Culture, Natàlia Garriga, who faces possible disqualification for her participation in the referendum.
Clarifications on the Law
Jové’s lawyers maintain that doubts about the unconstitutionality of the amnesty law are unfounded. They emphasize that the law is clear and provides the necessary legal certainty, as indicated by the Venice Commission. They also emphasize that the amnesty law establishes defined criteria that ensure equality before the law.
Impact on Financial Interests
Finally, Esquerra Republicana’s lawyers conclude by stating that there is no adverse effect on the financial interests of the European Union in the development of the October 1 case. They consider it inappropriate to make broad interpretations or speculations about possible impacts on said interests, especially when such assumptions are not part of the specific adversarial approach.