Advocate General of the EU Court of Justice dean spillman This Thursday, the Court of Audit and the National Court will rule on two preliminary questions posed to the European justice system regarding amnesty law.
Attorney General’s conclusion There is no binding forceHowever, they are directing the Court of Justice of the European Union (CJEU) to draw up a draft judgment, the date of which has not yet been set.
Future judgments in community instances will be subject to the application of the amnesty law by the aforementioned Spanish courts.
In particular, the lawyer will consider whether the costs of this procedure endanger the EU’s economic interests; terrorist crime The law is intended to be contrary to European directives on the fight against terrorism.
In the first case, Court of Accounts analyzes accounting responsibilities of 35 former central government officialsincluding former presidents Carles Puigdemont and Arthur Mas, and the issue is paralyzed until the CJEU sets the rules.
The matter has also been resolved by the national court against 12 members of the Committee for the Defense of the Republic (CDR) accused of terrorism.
At a public hearing held at the CJEU headquarters in Luxembourg in July last year, European Commission said there was no ‘sufficient direct harm’ This is because in the hypothetical case of Catalonia becoming independent, Spain’s contribution to the regional budget would continue to be proportional to its gross national product (GNP).
However, Spaniard Carlos Urraca, a lawyer at the Community Enforcement Unit, pointed out that if the European justice system reaches the conclusion that there is a direct link, it will be necessary to assess the extent to which the amnesty law is in the public interest.
And in his discussion, he considered that the Spanish standards did not appear to serve the purpose of the general interest. “Part of the political agreement to achieve the installation of the Spanish government.”
This argument was countered by the state’s attorney general, Andrea Gabera, who recalled that Spain’s Constitutional Court upheld the amnesty law, taking into account the general interest and that it “responses to a legitimate, clear and rational objective” of improving the political and social situation in Catalonia.
Regarding the second issue, Brussels guaranteed that the European Directive on the fight against terrorism will be complied with. “I oppose the amnesty law.” This defines the material and temporal scope of the application of Community regulations “in such a broad or vague manner as to impair their useful effect”.
Still, the European Commission said it would be up to Spain’s judicial system to determine the extent to which the amnesty law allows for broad material and temporary application.
Beyond the rulings that the European judicial system has given on pardons, the Constitutional Court still has to rule on whether the Supreme Court should have granted the pardons. The crime of embezzlement is particularly attributable to Carles Puigdemont.in a sentence that may form the basis for a return to Spain.
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