Amnesty and separation of powers
The Venice Commission has stated that the amnesty does not go against the separation of powers, although some aspects of its processing could be improved. Marta Cartabia, vice president of the Venice Commission in the Council of Europe, has pointed out that, according to international standards and comparative law, amnesties of this type do not violate the separation of powers. However, she has recommended improving the processing of the law and has expressed doubts about its constitutionality and the inclusion of certain crimes.
Recommendations of the Venice Commission
The representative of the Venice Commission has warned that the application of the amnesty must meet certain standards. In the case of the Spanish law, she has questioned the application framework, since she considers that the clauses are broad and imprecise. In addition, she has expressed concern about the extension of the application period during the parliamentary process. The Venice Commission recommends limiting and better defining the scope of the amnesty.
Constitutionality of the amnesty law
Regarding the constitutionality of the amnesty law, Cartabia has admitted that there are disagreements among experts. Some interpret that the fact that the Constitution does not explicitly address this legal figure implies that it is constitutional, while others consider that the Constitution is silent on this issue. The Venice Commission suggests that, where possible, the issue of amnesty be included in the Constitution to avoid controversy.
Debate in the European Parliament
The amnesty law has generated great controversy and has been the subject of debate in the European Parliament. Some political parties, such as the PP and Ciudadanos, consider it a ‘law of impunity’ that prevents judges from deciding on judicial processes. On the other hand, parties such as ERC and Junts defend amnesty as a form of solidarity and recognition towards those who have peacefully and democratically defended legitimate political objectives. The ERC MEP, Diana Riba, has highlighted that the approval of the amnesty is an opportunity for negotiation and to open a new stage.