The TC warns the Government and its partners: the amnesty will be resolved "with absolute objectivity" and "without accepting any pressure"

SPAIN / By Carmen Gomaro

The public and private statements of members of the Government or party leaders of their parliamentary partners, ensuring that the Constitutional Court with a progressive majority, chaired by Cándido Conde-Pumpido, will endorse a hypothetical amnesty law, provokes greater rejection within each passing day. the guarantee court. The President of the Government, Pedro Sánchez, maintained on Tuesday that “even the Constitutional Court will have to rule” on the measure.. It was the second time that the leader of the PSOE responded with the TC when he was questioned for the possible erasure of the crimes of the process. Yesterday, bluntly, Jaume Asens, the member of the Commons who acts as a liaison between the Executive and Carles Puigdemont, pointed out that “it is not about making an amnesty that each of us likes, but rather that it passes the filter of the Constitutional Court ».

Asens assumed that, if the amnesty law had been approved in the previous mandate, based on the resolution presented in Congress by Junts and ERC, “the Constitutional Court, with a right-wing majority, would have overturned it”. “And I think that now that will not happen,” the negotiator insisted to increase the pressure on Conde-Pumpido.

Meanwhile, the discomfort in the TC is increasing. Authorized sources of the body, consulted by EL MUNDO, maintain regarding the amnesty that “if at any time in the future any appeal related to the issues that are currently the subject of political debate is raised before the Court, it will be studied with absolute objectivity, without accepting pressure.” “Nothing, nor speculation of any kind about the decision that may be adopted in a hypothetical future appeal.”. Furthermore, the same legal sources emphasize that “the debate on the conditions of the investiture is exclusively political”, thus separating itself from being a priority actor in the framework of any political negotiation.

However, all eyes are placed on the Constitutional Court since it will be the body that has the last word on the future erasure of crimes from the process.. As this newspaper has reported, the Executive places it as the last link that will make an amnesty law possible.. However, sources from the progressive sector of the Constitutional – the one in which the Pedro Sánchez Government rests blind confidence – show their deep discomfort at the speculations about their actions regarding an amnesty for the leaders of 1-O.

“The Court is completely unrelated to the political debate and is currently fully dedicated to resolving the appeals that are currently pending in order to be able to offer the most accurate solution possible to the problems that citizens have raised in these matters,” the sources consulted emphasize. The amnesty is a matter on which the magistrates remain stony silent, although in private they do not hide either the existing concern or the legal complexity that a matter of these characteristics can encompass.. In any case, the Constitutional Court wants to send the message that there is no blank check to validate an amnesty to the leaders of the Catalan independence challenge.

Yesterday, Jaume Asens linked the renewal of the High Court with the erasure of the crimes of the process. «That is why we said that we had to renew the Constitutional. (…) It was an unavoidable and necessary step to be in the position we are in now,” he added.

The forecasts about the performance of the TC, that constant noise in what is expected to be the most politically important issue in decades, fall on a body that is accused of being politicized to the extreme.. The Sánchez Government caused an unprecedented institutional crisis in the last renewal of the guarantee court. In Moncloa they did not hide their desire to renew the TC and cause an ideological shift. “Seven to four” was the phrase most repeated by the Executive after the renewal.

Time has shown that this ideological division, with the current composition of seven magistrates of progressive sensibility and four of a conservative nature – there is a vacancy corresponding to the appointments promoted by the Popular Party -, has been reflected in the vast majority of decisions of importance policy and media that the Constitutional Court has adopted in the last ten months. The institution chaired by Conde-Pumpido is immersed in a discredit crisis and the political crossfire over the court in the face of the hypothetical amnesty is worrying, and very worrying within the court of guarantees.