The European Commission (EC) said this Thursday that it will take into account the opinion of the Venice Commission on the amnesty law for its analysis of whether the law complies with European standards, an evaluation that will not come until it is completely concluded. the political processing of the norm in Spain.
In a debate on the amnesty law in the Civil Liberties committee of the European Parliament, the director of the EC for Rule of Law, Fundamental Rights and Democracy, Julien Mousnier, has reiterated that the Community Executive is still analyzing the regulations and that it will conclude this evaluation "based on the legislation that is adopted" to determine whether it complies with European law.
"In this context, the opinion of the Venice Commission will support the analysis of the European Commission and is a welcome contribution. Its considerations on the rule of law requirements for amnesties provide a useful perspective," said Mousnier, who insisted that Brussels will take "the necessary measures to ensure that Community legislation is complied with".
The president of the Venice Commission, Marta Cartabia, has dedicated most of her intervention to reviewing the opinion that the body she presides over issued in mid-March at the request of the Spanish Senate, which does not endorse but neither does disavows the amnesty law. "It is clear that amnesties as such are not contrary to the separation of powers and that most legal systems provide for such instruments, and that even so there are a series of principles that are highlighted in our opinion that must be complied with to preserve international standards," Cartabia summarized.
The representative of the Venice Commission of the Council of Europe, an institution outside the European Union (EU), has indicated that her report does not determine the constitutionality of the norm, but has warned that it is "very broad and quite indeterminate." ", both in the crimes it covers and in the time frame, and that in general amnesties should not be "designed for specific people."
"When it comes to terrorism, the guiding principle should be that amnesties are only compatible with international standards if they exclude serious human rights violations," said Cartabia.
Seven MEPs, including five Spaniards (from the PP, PSOE, Ciudadanos, ERC and Junts), have participated in this debate of the Civil Liberties Commission requested by the Popular Party (PP), which has not consumed the full hour allotted to it. .
From the PP, Javier Zarzalejos has insisted that the law does not seek reconciliation but rather "indiscriminate impunity linked to a Government pact", and has pointed out that the Venice Commission "confirms the deep division that refutes the intentions confessed by the law ". "Amnesties can be a legitimate and useful tool for conciliation, but this is not the case," said Zarzalejos, who stressed that they "have to meet the same requirements as those with criminal content."
The German social democrat Birgit Sippel has criticized that a committee of the European Parliament (EP) examines a national bill in this way and has attributed it to "some political groups trying to turn it into a European issue due to domestic political games."
"I understand that the law has been designed to cover all actions related to the independence process and therefore does not cover individuals but everyone who was involved," he said.
On behalf of the Spanish Socialist Workers Party (PSOE), Javier Moreno has considered that the report makes "things clear" and endorses Spanish law. "I invite the honorable Members to go to Catalonia and see how the situation is now and to see in the newspaper archives the images of violence and confrontation from 2017," he added.
From Renew Europe, Sophie in't Veld has regretted that this issue has been "politicized by all parties" despite the "legitimate questions that can be raised" and has pointed to the "fine line between reconciliation and impunity."
More incisive was Maite Pagazaurtundúa (Ciudadanos), who has criticized the actions of a Government "with populist traits" and has stated that it is a law "for impunity" that the EU, she has said, cannot allow.
From the Greens/ALE group, Diana Riba (ERC) has assured that the law "not only represents an act of justice and reparation" but also of "solidarity and recognition of those who have peacefully defended legitimate political objectives", and has accused the Spanish right of "living off permanent conflict."
"If the law is not approved by a qualified majority it is not because of a lack of desire on the part of those of us who are promoting it. The dilemma that the PP faces is that if we need their votes there is no amnesty law," Toni said. Comín (Junts).
