The former president of the Constitutional Court Pascual Sala argued this Tuesday that an amnesty law would be constitutional if it sought to solve the conflict with Catalonia, but not if its objective were for Pedro Sánchez to obtain the necessary votes to continue as president of the Government.
“If the reason for the amnesty were to have the necessary votes to be invested as president of the Government, that would be arbitrary and unconstitutional. But if it is to facilitate citizen coexistence, it can be part of the Government program and can be approved,” he explained. Sala in a speech at the Illustrious College of Lawyers of Madrid (ICAM).
Sala, who chaired the TC between 2011 and 2013 with the support of the progressive bloc, recalled that the Constitution has a brief preamble that at the beginning maintains that the objective of the fundamental norm is to “guarantee democratic coexistence.” Therefore, in his opinion, a law with that objective would be appropriate.
“It would be better if the general courts, which have the legitimate representation of national sovereignty and the Spanish people, could not prove an amnesty law, as long as this purpose is a constitutional purpose,” he added, insisting that “the constitutionality of “The amnesty law depends a lot on the motivation.”
In the same event at the ICAM Justice Forum, the former vice president of the TC Encarnación Roca and the professor of Criminal Law Enrique Gimbernat participated.