The Association of Prosecutors (AF), the majority in the prosecutor's career, has sent a letter to the European commissioners Vera Jourová and Didier Reynders in which it requests that, if an amnesty to the process is finally approved, the EU intervenes to "guarantee the compliance with European standards" in Spain, even pointing to the sanctioning procedure that has been activated with Hungary and Poland.
The letter states that, "if this amnesty is granted, the entire institutional legal architecture and, ultimately, the rule of law in Spain would be called into question." Which would require, in our opinion, the intervention of the corresponding bodies of the European Union, in order to guarantee compliance with European standards in this matter," says the AF.
And this, he points out, "without ruling out the provisions of article 7, in relation to article 2, of the Treaty on European Union (TEU)", which contemplates the possibility of "certain rights derived from the application of the treaties to the Member State concerned, including voting rights", if "a clear risk of serious violation" of Community principles and values is found.
The AF also requests that, in this scenario, "the application of Regulation (EU) 2020/2092 of the European Parliament and of the Council of December 16, 2020 on a general conditionality regime for the protection of the Union budget be considered, by virtue of the provisions of Article 1 thereof, relating to the protection of the EU budget in the event of violation of the principles of the rule of law of the member states".
However, as a starting point, the AF urges the European commissioners to urge Spain to "refrain from promoting an amnesty law such as the one intended, understanding that it puts the rule of law in Spain at serious risk due to be contrary to the principles of separation of powers and judicial independence and, therefore, for violating some of the essential values of the European Union".
