Amnesty law to come into force in few days amid 'new phase' - What next?

Spanish presidency minister announces bill to be published in Official Gazette in upcoming days

Spanish Congress during a plenary session on May 30, 2024
Spanish Congress during a plenary session on May 30, 2024 / Juan Carlos Rojas
Catalan News

Catalan News | @catalannews | Barcelona

May 30, 2024 01:36 PM

May 30, 2024 06:38 PM

The amnesty law will come into effect in the upcoming days once it is published in Spain's Official Gazette, something which will take some days, as the Spanish government will not mark the bill as urgent.

It must first be ratified by Spain's King Felipe VI before it can be published in the gazette.

Spanish government sources said the delay is completely normal when it refers to complex laws.

"The publication will be made as all the other laws, with the timings that are needed," Spanish presidency minister Félix Bolaños said after the vote in Congress on Thursday.

Once the law is published, judges will have two months to apply it, although some judges will question its legality in European courts, meaning the process could be extended.

These preliminary rulings by the European courts are part of a maneuver promoted by the Civic Platform for Judicial Independence, a group of judges against the amnesty law, which prepared a 126-page document to try to stop the amnesty from coming into force.

The document was shared with all Spanish judges via email.

Esquerra Republicana leader Oriol Junqueras, Carme Forcadell, Laura Vilagrà, and some members of the party's board attend the amnesty law debate in Congress on May 30, 2024
Esquerra Republicana leader Oriol Junqueras, Carme Forcadell, Laura Vilagrà, and some members of the party's board attend the amnesty law debate in Congress on May 30, 2024 / Juan Carlos Rojas

The result of these preliminary rulings will impact 372 pro-independence figures, according to Spain's presidency minister Félix Bolaños.

"The amnesty law puts an end to a time of conflict, tension, and disagreements and opens a new phase of prosperity, deals, and politics within the institutions, the Spanish constitution and law," he said.

 

Among them, there are former Catalan president Carles Puigdemont, Esquerra's secretary general Marta Rovira, former Catalan ministers Toni Comín and Lluís Puig, as well as Oriol Junqueras, Jordi Turull, Dolors Bassa, and Raül Romeva, these last four will not be banned from barring public office.

'New phase'

Many pro-independence politicians and benefited leaders said the approval of the amnesty law opens a "new phase" in Catalonia's relationship with Spain.

It is "a great victory" for the independence push, as "today we bury the chants against us from judges that started on October 3, 2017 after the referendum, and it is a great victory without having to say no to any of our political goals," Jordi Turull, pro-independence Junts party secretary general and one of the pardoned jailed leaders, said after the vote.

 

"We did not say no to the legitimacy of the October 1 referendum result, nor the unilateral declaration of independence, nor our political goal: Catalonia's independence," he added.

"And if someone does not like the new law in the political sphere, they can express their opinions in the polls, and not wearing judges' clothes," he concluded.

The former Catalan president, Carles Puigdemont, has said from Brussels where he is in exile that it is a “historic fact” that has been achieved thanks to the strength of the Catalan people, and has celebrated the approval of the law.

He also said that the law opens the door to a scenario where they can negotiate without repression

"Spain, through its Congress, has amended a mistake. It is not the only mistake in Spain's long list of mistakes regarding the requests of Catalans. But it was important to amend it to be able to negotiate by equals without the threat of repression.", he said.

 

One of the other who will benefit from the amnesty law is Oriol Junqueras, former Catalan vice president during the 2017 independence vote and current Esquerra Republicana president. Junqueras was jailed until 2021 for his relation with the self-determination referendum.

"It is a huge victory," he said to media outlets outside of Congress. However, he is well aware that "some judges will try to complicate the solution."

 

"It is a democratic fight that needs to continue in the polls, and that is why we have always favored a vote, and this is why we want to vote once again. As soon as possible on June 9 [EU elections] and, most importantly, in an independence referendum so everyone can have a say," he added.

Hours after the speech, Catalan acting president Pere Aragonès celebrated the "historic feat" that the amnesty means as it "puts an end to many years of repression."

Aragonès spoke from the Catalan government headquarters in a televised speech that lasted around five minutes and highlighted the "victory" that represents such approval in Congress. During his speech, however, he already warned that Catalans would "pay attention" so that the legislation is complied with but said that the amnesty, despite "being a large step forward," does not "solve the independence push political conflict," as a new "era needs to start focused on deals and agreements," he said during the live speech.

 

The law also opens "a new phase to put an end to breakups and recover relationships," Jaume Asens, the leader of the Sumar party in Catalonia and candidate for the European Parliament, said.

"Justice, rights, dialogue, and agreements win over hate, revenge, and lawfare," Asens said after the vote in the Spanish capital.

"We now ask for the prosecutor's office to defend the principle of legality and to be the biggest guarantor of the law," he concluded.

A similar approach to what Spanish PM Pedro Sánchez wrote on X, formerly known as Twitter. 

"Spain is more prosperous and united than in 2017," Sánchez published minutes after the vote, leaving the Congress in his car without talking to journalists in the chamber.

In fact, the amnesty law is part of an agreement between pro-independence Junts and the Socialist party to back Sánchez's prime ministerial bid after the July 23, 2023 election.

Further away from Madrid, in Brussels, the European Commission spokesperson has rejected setting up a deadline to analyze the amnesty law after its final approval in Congress.

 

"Now that it has been approved, the Commission will be able to analyze its relation with European laws, and we will continue to follow the different news regarding Spain's rule of law reports," Anitta Hipper, spokesperson of the European institution, said on Thursday.

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