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Constitutional Court Moves to Uphold Catalonia Amnesty Law by Week’s End

The court’s rapporteur has rejected an EU referral to concentrate solely on the law’s constitutional validity

El presidente del TC, Cándido Conde-Pumpido, con Montalbán y el magistrado Ramón Sáez

Overview

  • Judges began debating the draft ruling this week with a vote slated for Wednesday or Thursday.
  • Vice President Inmaculada Montalbán’s majority draft proposes endorsing the Amnesty Law and dismissing the PP’s unconstitutionality challenge.
  • Montalbán’s draft includes a section stating that questions of EU law compatibility do not require a preliminary reference to the EU Court of Justice.
  • Four conservative magistrates are preparing dissenting opinions arguing the law exceeds constitutional limits and amounts to a self-amnesty.
  • The impending ruling will influence Spain’s post-2017 Catalan reconciliation and highlight tensions between national sovereignty and EU legal oversight.