Faced with the probable failure of Feijóo in his investiture scheduled for the end of the month, the way will be opened for Sánchez's attempt to form a parliamentary majority that supports his. The votes of Junts and ERC are essential. Puigdemont and Junqueras are now competing for who sets the bar higher, but amnesty and self-determination are on every menu. Given the evidence that the second is out of the question within the constitutional framework, there remains the possibility of accepting the first, granting a victory that both parties could offer to their electorates. Beyond the debate of whether it is fair or not, the advantage that a pact with Junts could have would consist in the normalization of a political party that continues to play a relevant role in Catalonia and the elimination of a highly toxic element for our politics, as is the personal situation of Carles Puigdemont.
Our Magna Carta only talks about pardons, attributing to the King the "right of grace in accordance with the law", to prohibit at the same time "general pardons" in article 62. But it says nothing about the amnesty Our constituents did not want to enter this garden, despite the fact that it was very present in their memory, since the amnesty was a repeated request of the anti-Franco opposition that was granted through the laws of 1976 and 1977 .
And possibly it was not considered because it is a legal figure of a political nature, normally associated with a change of regime, which would lead to not providing for it in the framework of constitutional continuity. It is therefore not surprising that those who support it most enthusiastically are the pro-independence parties or those grouped around the Sumar banner, which claim in one way or another the end of the "78 regime". In addition, there are some respectable experts who defend its constitutionality, arguing that since it is not prohibited, it must be admitted as long as a legal path different from that of pardons is followed, such as the approval of an organic law that define and justify its scope. However, the majority of constitutionalists, even among those with a progressive tendency, find it difficult to admit it, since it means violating the principle of equality before the law, since it denies the courts the possibility of prosecuting in certain cases crimes that remain in force. The fact that the composition of the Constitutional Court has recently changed does not guarantee that it will ratify it. And there is no worse scenario than an amnesty assumed by independence that is revoked after two or three years.
The PSOE has a high responsibility here and should not accept as a magic formula a legal solution of dubious constitutionality that it otherwise rejected in 2021. If the government option is to agree with the pro-independence parties, it will do well to seek another legal route, perhaps less to the liking of Junts and ERC, but which is sustainable and does not blow up in our hands some time from now.
In any case, given that the State cannot be left unprotected in the face of actions such as those carried out in 2017, the decriminalization of sedition produced in 2022 and the legal formula that could be agreed upon now should be followed by 'an appropriate regulation of crimes against the constitutional order. This, in addition, would politically and morally justify the entire reform, since it would mean recognizing that our legal system did not adequately provide for the typification of what was done, but that does not mean that it should be left free to do it again to do
