A political artifact

A political artifact
A political artifact

The amnesty law is not a rule that responds to a need in the legal system. It is, neither more nor less, than a political device with a very specific purpose: the permanence of Pedro Sánchez in the Palace of La Moncloa for as long as possible. From this arise the evident difficulties of its application and the long and tortuous path that lies ahead for it to become effective, if it ever succeeds. The text of the law was written and rewritten as many times as necessary so that it would be to the liking of the criminals who were going to benefit. The objective was to thus circumvent the final judgment of the Supreme Court. It is logical, therefore, that from this judicial body a restrictive interpretation has been made of some of its statements. The crime of embezzlement was one of the avenues left open by a law with convoluted wording and principles taken with tweezers so that they would affect specific people. This is what the court has done to deny amnesty, in application of the law itself, to Carles Puigdemont and others convicted of this crime. It is important to note that of the arsenal of measures that the Supreme Court had to question the law, it has so far ignored the most obvious ones: the preliminary question before the Court of Justice of the EU or the consultation with the Constitutional Court. Instead, it has used the very wording of the law to make clear the purposes for which it was enacted. In a State of Law, as the Government has made a point of proclaiming on numerous occasions, the courts of Justice are the ultimate interpreters of the rules. This is equally valid for all judicial bodies and for all the matters that they resolve, be they a law such as the amnesty law or sentences that have reached the Constitutional Court such as the ERE law. Questioning the courts is questioning the very basis of the democratic system.

 
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