Especially the amnesty law It conflicts with the European obligation to ensure effective judicial protection.
In this sense, the Advocate General considers that the obligation imposed on judges to issue a ruling within a maximum period of two months is not compatible with European Union law. “An excessively short and binding period could violate the requirements of judicial independence“, he argues.
The Attorney General’s opinion is not legally binding, but it is It represents the course of the European Court of Justice’s final ruling on amnestyScheduled for early 2026. Although judges retain the final say, in the vast majority of cases (80%) they end up following the General Counsel’s recommendations.
The opinions are published at a time when relations between Sanchez and Gents are going through their worst moment. The Puigdemont party declared a “siege” of the legislature, introducing amendments to all registered laws. Your spokesman, Miriam NoguerasThis is called Wednesday.sarcastic“e”hypocrite“To the Prime Minister.
One of Juntes’s main demands for Sánchez to repair relations is specifically to apply the amnesty law to Puigdemont himself. The final word now belongs to him Constitutional Courtwhich is awaiting the guidelines of the European Court of Justice.
The Public Protector answers two preliminary questions posed by the Public Prosecutor Court of Accounts And for National Courtrespectively.
In the first case, The Accounting Council conducts an analysis Accounting responsibilities of 35 former top state officialsAmong them were Puigdemont himself and Arthur Mas in managing public funds during the “operation”. The damage to public property was estimated at approximately 5 million euros.
The law specifies that there is Crimes affecting the financial interests of the European Union are excluded from the amnesty. In this context, the Audit Bureau has doubts about the compatibility of some provisions of the regulation with European law, and for this reason it resorted to the European Court of Justice.
In the second case, the national court consults the European Court of Justice To clarify whether it is appropriate to apply the amnesty law to 12 members of the Defense Committees of the Republic accused of terrorism.
During a public hearing in July, a representative of the European Commission, which acts as custodian of the treaties, described the amnesty law as “contrary to the rule of law” on the grounds that it did not respond to the public interest but was based on a “political agreement” to invest Sánchez.
“The government guarantees impunity for its partners in exchange for parliamentary support“The Executive Group’s lawyer denounced, Carlos Urraca Cavedes. Brussels insists that the amnesty law also violates the principles of equality before legal certainty, as well as EU counter-terrorism directives.
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