Constitutional Court Upholds Amnesty Law, Dismisses Appeals from Madrid Government
On Tuesday, the Constitutional Court (TC) denied the unconstitutionality appeal submitted by the Madrid regional government, led by Isabel Díaz Ayuso, against the amnesty law that pardons a decade of the 'procés.' This decision by the court arrives after it previously upheld much of the same legal framework last June. Legal sources informed Europa Press that the court's majority, which includes dissenting votes from its conservative members, rejected the arguments put forth by the Madrid government, reminiscent of its decisions on similar appeals from other regions like Andalusia, Murcia, Valencian Community, and Castilla y León, all governed by the People's Party (PP).
In its ruling, the Constitutional Court reaffirmed the constitutionality of the amnesty law, except for a few specified aspects. The progressive majority on the court concluded that the grace measure is not prohibited by the Constitution and serves a legitimate purpose, dismissing notions of self-amnesty. The court explained that the legislator has the ability to act on any matter not explicitly or implicitly barred by the Constitution, emphasizing that the rationale behind the law is legally neutral, as laws arise from political opportunity.
The court insisted that exceptional circumstances need to exist to justify the law, asserting that it is not merely a matter of whim, as it aims for greater civic peace. Furthermore, it ruled that the amnesty law does not necessitate explicit constitutional authorization, suggesting that silence within the Constitution does not equate to a prohibition. Otherwise, legislative powers could be unduly restricted, undermining democratic principles.
In response to the ruling, Madrid President, Isabel Díaz Ayuso, took to social media to voice her discontent, stating, 'What did you expect from Sanchismo?' She also took pride in her efforts to challenge the current Executive, highlighting her opposition to the ruling and ongoing political strife. As the political landscape evolves, the implications of this decision will likely resonate throughout the country, affecting both governance and public discourse.
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